GIFT  OF 


R.A.O.A.  OVERCHARGE 

AND  AGENCY  RELIEF 

CLAIM  RULES 


(May,  1920,  Issue) 


RAILWAY  ACCOUNTING  OFFICERS  ASSOCIATION 
1116  WOODWARD  BUILDING 
WASHINGTON,  D.  C. 


GIFT 


RAILWAY  ACCOUNTING  OFFICERS  ASSOCIATION 
OVERCHARGE  AND  AGENCY  RELIEF  CLAIM  RULES 
Arbitration  and  Appeal  Committees 


ARBITRATION  COMMITTEE 


A.  J.  Moran,  Chairman 

50  Church  Street 

New  York  City 

R.  V.  Onslow 

Northern  Pac.  Ry. 

St.  Paul,  Minn. 


(One  vacancy.) 


E.  R.  Woodson,  Secretary 

1116  Woodv/ard  Building 

Washington,  D.  C. 


APPEAL  COMMITTEE 

E.  J.  Bloodgood,  Chairman 

Chicago  &  N.  W.  R.  R. 

Chicago,  111. 

W.  J.  Daller 

Delaware  &  Hudson  Co. 

Albany,  N.  Y. 

Ed.  L.  Prince 

Atlantic  Coast  Line  R.  R. 

Wilmington,  N.  C. 

E.  R.  Woodson,  Secretary 

1116  Woodward  Building 

Washington,  D.  C. 


420643 


R.  A.  O.  A.  Overcharge  and 
Agency  Relief  Claim  Rules 


The  following  rules,  relating  to  overcharge  and  agency 
relief  claims,  are  mandatory  and  binding  upon  carriers 
operating  in  North  America  that  are  members  of  the 
Railway  Accounting  Officers  Association: 


RAILWAY  ACCOUNTING  OFFICERS  ASSOCIATION 
RULES  GOVERNING  THE  HANDLING  OF 
OVERCHARGE  AND  AGENCY  RELIEF  CLAIMS. 


APPLICATION 


A-l.  These  rules  and  definitions  shall  apply  in  the 
settlement  of  all  interline  claims  between  carriers  arising 
from  overcharges  in  connection  with  transportation  and 
delivery  of  freight,  except, 

(a)  When  in  conflict  with  any  Federal  or  State 
law  or  any  ruling  or  order  of  any  regulating  body 
exercising  lawful  authority. 

(b)  On  claims  which  carriers  may  have  settled 
or  declined  prior  to  becoming  members  of  the  Asso- 
ciation, or  which  members  of  the  Association  may 
have  declined  to  interested  carriers  before  such  car- 
riers became  members  of  the  Association,  provided 
that  this  restriction  will  not  apply  to  carriers  that 
become  members  of  the  Association  up  to  the  time 
of  the  formal  adoption  of  this  rule  by  the  Association. 

2 


R.  A.  O.  A.  OVERCHARGE  fLAfU,  RULES  3 

DEFINITION  , 

Wherever  used  in  these  rules,"  the  ttleaiimg  6f  :tji6  Al- 
lowing terms  shall  be  as  set  forth  herein,  unless  otherwise 
specifically  stated: 

D-l.  "Carrier :"  Any  common  carrier,  including  rail- 
road, steamship  (all  rail  or  rail  and  water),  transfer  or 
other  transportation  company. 

D-2.  "Initial  Carrier:"  The  carrier  receiving  freight 
from  consignor  at  original  shipping  point. 

D-3.  "Delivering  Carrier:".  The  carrier  delivering 
freight  to  connecting  carrier  at  junction  point. 

D-4.  "Receiving  Carrier :"  The  carrier  receiving  freight 
from  connecting  carrier  at  junction  point. 

D-5.  "Destination  Carrier:"  The  carrier  delivering 
freight  to  consignee  at  destination. 

D-6.  "Switching  Carrier:"  A  carrier  whose  service  in 
connection  with  a  given  shipment  is  confined  to  the 
handling  of  the  car  containing  such  shipment  between 
connecting  carriers,  or  between  a  connecting  carrier  and 
an  industry,  private  siding  or  public  yard,  the  service  so 
performed  being  entirely  within  a  recognized  switching 
district. 

D-7.  "Paying  Carrier:"  The  carrier  paying  claim  to 
claimant. 

D-8.  "Contributory  Negligence:"  Want  of  diligence  in 
any  degree,  in  the  use  of  means  to  remedy  an  error  made 
by  any  other  carrier. 

D-9.  "Initial  Point:"  The  original  shipping  point, 
where  freight  is  received  from  consignor. 

D-10.  "Junction  Point:"  Any  point  where  two  carriers 
interchange  freight.  (This  includes  any  transfer  point 
at  such  junction  point.) 

D-ll.  "Mileage :"  The  mileage  of  the  carriers  as  given 
in  the  "Official  Guide"  published  by  the  National  Railway 
Publication  Company  of  New  York. 

D-12.  "Astray  Freight:"  Less  than  carload  freight 
which  is  marked  for  destination  and  which  has  become 
separated  from  the  regular  revenue  waybill. 

D-13.  "Unsettled  Claims :"  Claims  unsettled  as  between 
carriers  irrespective  of  date,  but  subject  to  Rule  A-l-B. 


4  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

D-14.  "Legal  Liability:"  The  term  "legal  liability" 
shall  be  construed  as  that  fixed  by  statutory  laws,  con- 
d'ticns  of  bills  of  lading,  tariff  or  classification  provisions 
lawfully  applicable,  and  in  case  of  doubt  the  advice  of 
counsel  of  claimant  carrier. 

D-15.  "Uncollectible  Deficit:"  The  net  amount  remain- 
ing after  deducting  the  amount  realized  from  sale  of 
freight  from  aggregate  amount  of  lawful  charges  (includ- 
ing storage,  demurrage,  and  accessorial  charges)  as- 
sessed against  a  shipment  when  the  shipper,  consignee, 
or  owner  of  the  goods  from  whom  the  amount  is  due  is 
shown  to  be  judgment  proof,  insolvent,  or  cannot  be  locat- 
ed, or  when  counsel  representing  carrier  charged  with  the 
responsibility  for  collection  renders  an  opinion  in  writing 
that  the  facts  of  record  make  it  inadvisable  to  attempt 
to  force  collection  through  court  proceedings. 

D-16.  "Insolvent  Carrier:"  Any  carrier  declared  by 
counsel  for  settling  carrier,  in  writing,  to  be  judgment 
proof. 

MISCELLANEOUS  RULES  AND  RECOMMENDATIONS 

M-l.  Cash-Transmitting.  Carrier  sending  money  to 
another  carrier  does  so  entirely  at  its  own  risk. 

M-2.  Claim  Correspondence.  It  will  not  be  permissible 
to  allow  claim  correspondence  to  pass  into  possession  of 
consignors,  consignees,  or  claimants. 

M-3.  Overcharges  on  Interline  Billing  should,  so  far  as 
practicable,  be  settled  through  agents'  accounts,  and 
adjustments  made  through  interline  freight  correction 
accounts. 

M-4.  Receipts  for  claim  payments  should  be  so  worded 
as  to  cover  the  liability  of  all  carriers  participating  in 
the  haul. 

M-5.  Uniform  Blanks.  Agents  should  be  provided  with 
standard  forms  for  presentation  of  overcharge  claims  (R. 
A.  0.  A.  Standard  Form  No.  300)  as  provided  for  in  rule 
No.  1,  also  forms  for  furnishing  statement  of  billing  on 
claims. 

M-6.  Uniform  Blanks.  Statements  of  billing,  excep- 
tion reports,  etc.,  should  not  be  wider  than  8%  inches. 

M-7.  Demurrage  or  Storage  refunded  under  legal  lia- 
bility or  when  uncollectible  owing  to  negligence  in  trans- 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  5 

portation,  shall  be  charged  to  liable  carrier  or  carriers 
in  the  event  the  carrier  assessing  such  charges  will  not 
voluntarily  waive  the  same. 

RULES 

(1)  Presentation  of  Claims.    Carriers  should  require 
claimants  to  present  overcharge  claims  on  the  standard 
form  approved  by  the  Interstate  Commerce  Commission, 
(R.  A.  0.  A.  Standard  Form  No.  300)  to  either  initial  or 
destination  carrier,  in  accordance  with  established  prac- 
tices, for  investigation  and  settlement.     When  claims  are 
presented  to  intermediate  carriers  they  shall  be  sent  to 
destination  carriers  for  settlement  and  claimant  so  in- 
formed, except  claims  in  connection  with  transit  arrange- 
ments, which  shall  be  handled  by  the  carriers  granting 
such  privileges.     The  initial   or   destination  carrier  to 
which  a  claim  is  presented  or  the  destination  carrier  to 
which  a  claim  is  transmitted  by  an  intermediate  carrier  or 
the  carrier  giving  transit  privilege  to  which  a  claim  is  pre- 
sented or  transmitted  by  other  carriers  shall  investigate 
and  settle  in  accordance  with  these  rules. 

(2)  When  Documents  Missing.     The  absence  of  the 
documents  required  by  the  standard  form  for  presentation 
of  overcharge  claims,  shall  be  explained  on  a  memoran- 
dum to  be  attached  to  the  papers  pertaining  to  the  claim 
under  consideration ;  and,  further,  when  the  original  paid 
freight  bill  or  bill  of  lading  if  required,  does  not  accom- 
pany aforesaid  papers  the  carrier  investigating  and  pay- 
ing the  claim  shall  indemnify  other  carriers  against  loss 
due  to  payment  of  duplicate  claim  supported  by  such 
original  documents. 

ARRANGEMENT  OF  CLAIM  PAPERS 

(3)  Wrappers.     Carrier  against  which  claim  is  made 
shall  place  its  claim  back  on  papers,  which  shall  not  be 
detached  nor  covered  with  other  claim  backs  or  papers, 
nor  shall  any  writing  or  stamp  thereon  of  said  carrier 
be  interfered  with,  in  any  way,  by  any  other  carrier. 

(4)  Order  of  Papers.    All  investigation  shall  read  up- 
ward from  claim  back  in  order  of  date :  : 

(a)  No  notation  shall  be  made  on  back  of  papers; 

(b)  No  notation  or  underlining  of  words  shall  be 
made  by  one  carrier  on  another  carrier's  papers ; 


6  R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES 

(c)  Papers  shall  be  fastened  together  by  means  of 
a  paper  fastener  passing  through  entire  file  at  upper 
left  corner; 

(d)  No  paper   shall  be  mutilated   or  taken   off. 
If  necessary  for  neatness,  papers  shall  be  folded  in. 

(5)  Carrier  at  Fault  May  Pay  Direct.     Carrier  with 
which  overcharge  is  located,  but  to  which  claim  is  not 
presented  by  claimant,  may  pay  claimant  direct,  so  noti- 
fying carrier  to  which  claimant  presented  claim. 

(6)  Unauthorized  Rate.   Claim  for  alleged  overcharge, 
when  supported  by  bill  of  lading  or  shipping  receipt  nam- 
ing a  rate  which  is  not  a  lawfully  published  tariff  rate, 
shall  be  referred  to  the  carrier  whose  agent  made  such 
unauthorized  contract. 

(7)  Overcharge  Caused  by  Erroneous  Rate.    Claim  for 
overcharge  due  to  error  in  rate  shall,  when  supported  by 
the  necessary  evidence  and  by  specific  reference  to  pub- 
lished tariff  lawfully  applicable  and  in  effect  at  the  time 
of  shipment,  be  investigated  and  promptly  settled. 

(8)  Overcharge  in  Weight.     Claim  for  overcharge  in 
weight  when  supported  by  necessary  evidence  shall  be 
investigated  and  settled  on  the  basis  of  actual  weight, 
subject,  however,  to  the  prescribed  minimum,  estimated 
weight,  or  any  other  condition  of  the  tariffs,  or  classi- 
fication applicable.    In  case  of  dispute  regarding  weight 
in  connection  with  a  shipment  reweighed  at  destination 
according  to  the  rules  and  regulations  of  the  carriers 
interested,  the  actual  weight,  ascertained  by  the  desti- 
nation carrier,  or  such  scale  or  railway  association  weight 
as  may  be  approved  by  the   destination  carrier,   shall 
govern.    The  purpose  of  this  rule  is  to  provide  a  basis 
whereby  the  destination  weights  properly  ascertained  will 
be  given  the  consideration  warranted  by  experience  and 
by  the  circumstances  in  each  case,  and  to  provide  a  prac- 
tical method  of  facilitating  the  adjustment  of  claims  for 
overcharge  in  weight  where  there  is  a  dispute  or  some 
doubt  as  to  which  of  two  or  more  weights  is  the  correct 
weight.    This  rule  will  apply  on  all  unsettled  claims. 

(9)  Overcharge  Caused  by  Erroneous  Classification. 
Claim  for  overcharge  due  to  error  in  classification  shall 
be  investigated  and  settled  when  supported  by  bill  of 
lading  or  shipping  receipt,  specific  reference  to  the  tariff 
or  classification  lawfully  applicable,  original  or  a  certified 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  7 

copy  of  invoice  or  delivering  agent's  certificate  in  lieu 
thereof,  and  by  other  necessary  evidence. 

(10)  Evidence  of  Collection.  The  carrier  investigating 
and   settling   a   claim   on   account   of  overcharge,   may 
accept,  as  evidence  of  the  amount  collected,  the  original 
paid  freight  bill,  or  original  bill  of  lading  showing  amount 
of  prepayment  and  bearing  receipt  for  payment. 

(11)  Papers  to  Bear  Evidence  of  Payment.  When  pay- 
ment of  claim  is  made  before  interline  investigation,  evi- 
dence of  such  payment  shall  be  clearly  shown  on  bill  of 
lading  or  shipping  receipt,  paid  freight  bill,  bill  of  claim- 
ant, or  invoice  in  the  claim  papers. 

(12)  Direct  Investigation.    The  investigating  carrier 
shall  communicate  directly  with  agents  or  other  proper 
representatives  of  interested  carriers  whenever  practicable 
and  whenever  railway  mail  service  cannot  be  used,  return 
postage  shall  be  enclosed.    Inquiries  should  be  addressed 
to  accounting  officer  in  charge  of  claims  of  the  interested 
carriers  after  failure  to  obtain    information    from    the 
agents  or  other  proper  representatives  or  when  necessary 
from  the  nature  of  the  inquiry.    When  the  agent  or  other 
proper  representative  of  another  carrier  fails  to  furnish 
the  specific  information  requested  or  to  explain  why  he 
cannot  do  so  within  20  days  from  date  of  inquiry,  copy 
of  the  inquiry  with  request  for  reply,  shall  be  sent  by 
express,  registered  mail  or  messenger,  to  the  proper  ac- 
counting officer  of  the  delinquent  carrier.    When  answer 
is  not  received  within  30  days  to  such  request,  or  to  a 
direct  inquiry  to  the  proper  accounting  officer  regarding 
a  paid  claim,  the  carrier  investigating  and  settling  the 
claim  may  charge  full  amount  of  claim  to  the  delinquent 
carrier,  or  if  there  are  two  or  more  delinquent  carriers, 
then  to  the  delinquent  carrier  nearest  the  investigating 
and  settling  carrier  in  direction  of  destination  and  shall 
forward  all  papers  relating  to  the  claims  to  such  delin- 
quent carrier  who  shall  take  the  place  of  settling  carrier 
and  make  further  investigation  and  distribution  of  the 
amount  of  the  claim. 

(13)  Statement  of  Overcharge.     The  carrier  investi- 
gating and  settling  an  overcharge  claim  shall  attach  to 
the  claim  papers  a  statement  showing  how  the  overcharge 
is  arrived  at,  with  full  reference  to  the  I.  C.  C.  tariffs  and 
the  amount  due  from  each  carrier  interested.    The  rates 
and  divisions  and  basis  for  claim  shall  be  verified  as  far 


8  R,  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

as  practicable  before  being  sent  by  the  carrier  so  investi- 
gating and  settling  to  the  other  interested  carriers. 

(14)  Express  Charges.  Any  carrier  forwarding  papers 
by  express  shall  prepay  express  charges. 

(15)  Relief  of  Agent's  Account.  When  an  agent  collects 
from  consignee  the  correct  amount  of  freight  and  charges, 
and  the  same  is  less  than  the  amount  debited  to  his  sta- 
tion account,  and  adjustment  cannot  be  effected  through 
interline  correction  account,  he  shall  file  claim  for  relief, 
which  shall  be  investigated  and  apportioned  between  in- 
terested carriers;  see  Rules  19  and  30. 

"^ACKNOWLEDGMENT  OF  CLAIM  PAPERS  WHEN  PASSED 
BETWEEN  CARRIERS 

(16)  Acknowledging  Receipt  of  Claims.  When  a  claim, 
except  arbitrary  debit  under  Rule  38,  is  received  the  first 
time  from  another  carrier,  it  shall  at  once  be  acknowl- 
edged to  carrier  from  which  received,  and  such  acknowl- 
edgment shall  quote  sending    and    receiving    carrier's 
claim  numbers.     Carriers  shall  quote  each  other's  claim 
numbers  in  all  claim  correspondence,  mail  or  telegraph. 

APPORTIONMENT  OF  CLAIMS  FOR  OVERCHARGE 

(17)  Overcharge    in   Rate,  Weight,  or    Classification. 
Claim  for  overcharge  on  account  of  error  in  rate,  error 
in  weight  or  error  in  classification,  when  investigated  and 
settled  in  accordance  with  the  provisions  contained  in 
Rules  6,  7,  8  and  9,  shall  be  charged  to  the  carrier  at 
fault.    If  more  than  one  carrier  is  involved,  the  amount 
of  the  claim  shall  be  apportioned  on  the  basis  of  the  agreed 
divisions,  and  all  interested  carriers  shall  be  obligated 
to  pay  their  proportions  of  the  amount  paid  in  settle- 
ment of  the  claim. 

(18)  Overcharge  Caused  by  Misr outing.     Claim  for 
overcharge  resulting  from  improper  routing  due  to  error 
of  an  agent  or  other  employee,  shall  be  borne  by  the 
carrier  employing  the  person  at  fault.     The  minimum 
debit  Rule  42  shall  not  apply  in  such  cases.     This  rule 
will  apply  on  all  unsettled  claims.    See  I.  C.  C.  Conference 
Rulings  Nos.  214,  286  and  474,  or  subsequent  amendments 
thereto. 

(19)  Overcharge   Caused   by    Way  billing   Freight   to 
Erroneous  Destination,  Unloading  Short  of,  or  Carrying 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  9 

Beyond  Correct  Destination  or  Stop-off  Point.  Claim  for 
overcharge,  resulting  from  error  or  oversight  of  an  agent 
or  employee,  by  which  the  shipment  is  billed  to  an  erron- 
eous destination,  or  is  unloaded  short  of  destination,  or 
is  carried  beyond  correct  destination  or  stop-off  point, 
shall  be  borne  by  the  carrier  whose  agent  or  employee 
committed  the  error,  except  that  when  contributory  neg- 
ligence by  other  carrier  or  carriers  is  shown,  the  claim 
shall  be  divided  equally  between  the  carriers  at  fault. 
The  carrier  or  carriers  performing  the  service  shall 
accept  proportion  of  the  through  or  combination  rate  from 
point  of  origin  to  erroneous  destination,  based  on  estab- 
lished divisions,  or,  in  the  absence  of  same,  revenue  shall 
be  divided  on  basis  of  mileage.  For  the  movement  from 
the  erroneous  to  the  correct  destination,  charges  shall  be 
assessed  on  the  local,  through,  or  combination  rates,  as 
per  lawfully  published  tariffs.  Carrier  or  carriers  receiv- 
ing revenue  for  two  hauls  on  such  shipments,  shall  refund 
revenue  (based  on  established  divisions,  or  mileage  basis, 
in  absence  of  same)  on  the  return  haul  to  the  point  at 
which  shipment  is  placed  in  its  proper  route  to  correct 
destination,  regardless  of  the  route  which  carrier  may 
select  for  the  return  movement.  This  rule  will  apply 
on  all  unsettled  claims.  See  I.  C.  C.  Conference  Ruling 
217,  or  subsequent  amendments  thereto. 

(20)  Question  of  Veracity.     When  question  affecting 
settlement  of  an  overcharge  claim  between  two  or  more 
carriers  becomes  one  of  veracity  between  employees  of 
carriers,  the  claim,  or  such  portion  thereof  as  depends 
upon  the  question  in  dispute,  shall  be  divided  equally 
between  such  carriers.     Changes  made  in  car  numbers, 
car  initials  or  routing  on  telephone  instructions  will  not 
be  accepted  as  evidence  in  the  settlement  of  dispute  in- 
volving veracity  unless  confirmed  in  writing. 

(21)  Terminal  Charges.     Terminal  charges  shall  not 
be  included  in  the  amount  of  revenue  used  as  a  basis  for 
apportionment  of  an  overcharge  claim. 

(22)  Disputed  Divisions.    When  a  legal  rate  is  pro- 
tected by  a  carrier  and  it  is  unable  to  reclaim  from  its 
connections,  because  of  disputed  divisions    the    paying 
carrier  shall  be  relieved  of  the  burden  of  adjusting  the 
difference  between  the  carriers  in  interest  to  the  extent 
and  effect  as  follows: 

(a)  When  the  rate  protected  is  a  through  rate,  the 
carrier  that  issued  the  bill  of  lading  shall  accept 


10  R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES 

debit  from  the  paying  carrier  for  the  amount  of  the 
overcharge  which  the  latter  is  unable  to  reclaim  on 
account  of  the  dispute  as  to  the  divisions,  and  shall 
assume  the  responsibility  of  adjusting  the  difference 
between  the  carriers  in  interest. 

(b)  When  the  rate  protected  is  constructed  by 
combining  two  or  more  rates,  one  or  more  of  them 
being  joint  rates,  the  first  carrier  (in  the  direction 
from  origin  to  destination)  which  is  party  to  a  joint 
rate  the  divisions  of  which  are  in  dispute,  shall  accept 
debit  from  the  paying  carrier  for  the  amount  of  the 
overcharge  which  the  latter  is  unable  to  reclaim 
because  of  dispute  as  to  the  divisions  of  that  rate 
and  shall  assume  the  responsibility  of  adjusting 
the  difference  between  carriers  in  interest.  This  rule 
will  apply  on  all  unsettled  claims. 

(23)  Erroneous  Rate  Quotation.    When  a  carrier  in 
process  of  the  investigation  of  an  overcharge  claim  re- 
quests another  carrier  to  quote  a  rate  between  local  points 
on  its*  line,  and  pays  the  claim  on  basis  of  that  quotation, 
the  carrier  making  the  quotation  must  honor  the  bill  of 
the  paying  carrier  on  the  basis  quoted,  and  in  case  it  is 
found  that  the  quotation  was  erroneous,  must  assume  the 
expense  of  collecting  back  the  amount  necessary  to  place 
its  charges  on  a  legal  tariff  basis.    This  rule  will  apply 
on  all  unsettled  claims. 

INVESTIGATION  AND  APPORTIONMENT  OF  CLAIMS  FOR  OVER- 
CHARGE ON  COAL  AND  COKE 

(24)  Located  Overcharge  on  Coal  or  Coke.    Claims  for 
overcharge  on  coal  or  coke,  where  such  overcharge  is 
located  with  a  particular  carrier  or  carriers,  shall  be 
charged  to  the  carrier  or  carriers  upon  which  the  over- 
charge is  located. 

(A)  Unlocated    Overcharge    on    Coal    or    Coke. 
Claims  for  ascertained  overcharge  on  coal  or  coke, 
which  overcharge  is  not  located,  shall  be  prorated 
on  revenue,  on  basis  of  record  weights  to  point  where 
overcharge  is  discovered  subject  to  paragraph  B. 

(B)  Variation  of  Scale  Weights.  Claims  presented 
for  overcharge  on  coal  or  coke  where  the  only  evi- 
dence of  such  overcharge  is  the  variation  in  scale 
weights,  shall  be  subjected  to  the  following  investi- 
gation : 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  11 

First: 

An  ascertainment  of  the  conditions  and  practices 
at  each  scale  used  as  follows: 

(1)  Type  of  scale  and  capacity. 

(2)  Character  of  installation. 

(3)  Standard  of  maintenance. 

(4)  Frequency  of  testing. 

(5)  Methods  of  weighing. 

(6)  Was  scale  on  which  weight  in  question  was 
obtained  maintained,  tested,  and  operated  in  accord- 
ance with  the  track  scale  specifications  approved  by 
the  American  Railroad  Association? 

(7)  Scale  conditions  as  outlined  in  paragraph  first 
1  to  6. 

(8)  Type  of  car,  i.  e.,  box,  gondola,  solid  bottom, 
drop  bottom,  or  steel  hopper. 

(9)  Were   weights    affected,    either    immediately 
before  or  immediately  after  weighing,  by  rain  or 
snow? 

(10)  Was  car  reconsigned  en  route? 

(11)  Obtain  official  record  of  the  last  four  tests 
of  scale  immediately  preceding  movement  of  ship- 
ment, including  amount  each  section  of  scale  was 
inaccurate  in  each  test,  and  the  time  within  which 
such  four  tests  were  made. 

(12)  Did  the  reweighing  include  a  third  weighing 
as  required  by  American  Railroad  Association  Rules? 

(C)  Scale  Shown  by  Investigation    to    be    Most 
Accurate  Must  be  Given  Preference.    In  event  scale 
at  destination  or  intermediate  point  is  shown  by  this 
investigation  to  have  produced  the  more  nearly  cor- 
rect weight,  claims  for  overcharge  shall  be  prorated 
on  revenue  among  can  iers  participating  in  the  over- 
charge, subject  to  tolerances,  evaporation  allowances, 
and  minimum  weights,  as  provided    in    governing 
tariffs. 

(D)  In  the  event  scale  at  initial  point  is  shown 
by  this  investigation    to    have    produced  the  more 
nearly  correct  weight,  the  claim  shall  not  be  prorated, 
except  by  authority  of  the  initial  carrier. 

(25)  Disputed  Claims  to  be  Submitted  to  Counsel.  If 
any  carrier  should  refuse  to  participate  in  the  payment 
of  such  claims  on  the  basis  of  revenue  and  record  scale 
weights,  the  same  shall  be  submitted  by  the  investigating 
carrier  to  its  counsel,  and  if  such  counsel  should  rule  that 


12  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

suit  if  instituted  thereon  cannot  be  successfully  defended, 
the  papers  shall  be  returned  to  the  carrier  or  carriers  that 
have  refused  to  participate  in  the  payment  thereof,  and 
in  the  event  it  or  they  shall  still  refuse  to  participate 
in  the  payment  of  such  claim,  and  at  the  same  time  be 
unwilling  to  defend  suit,  if  brought,  such  suit  shall  be 
defended  by  the  carrier  against  which  suit  is  brought, 
and  if  judgment  is  secured  the  carrier  or  carriers  refus- 
ing to  participate  shall  be  charged  not  only  with  their  pro- 
rata  portion  of  the  original  claim,  but  in  addition  thereto 
with  court  costs  and  counsel  fees,  and  also  with  any 
statutory  penalty  that  may  be  assessed  in  said  suit,  pro- 
vided it  appears  that  the  refusal  of  such  carrier  or  car- 
riers to  participate  in  such  claim  resulted  in  said  penalty 
being  imposed.  This  rule  will  apply  regardless  of  the 
amount  of  claims,  subject,  however,  to  minimum  debit  rule 
No.  42. 

(26)  Claim  Papers  to  be  Submitted  to  All  Interested 
Carriers  Before  Payment  Not  Subject  to  Arbitrary  Debit. 
Claims  for  overcharge  due  to  error  in  weight  on  coal  or 
coke  will  not  be  subject  to  arbitrary  debits,  but  shall, 
before  payment,  be  presented  to  all  carriers  participating 
in  the  haul. 

COLLECTION  OF  GUARANTEED  CHARGES 

(27)  Guaranteed  Charges.    When  charges  are  guaran- 
teed, guaranteeing  carrier  shall  be  responsible  for  such 
charges  when  the  destination  carrier,  having  used  reason- 
able precautions  in  effecting  delivery,  is  unable  to  collect; 
provided,  that  request  of  protection  of  guarantee  shall  be 
made  within  sixty  days  after  arrival  of  freight  through 
connections  or  direct.    In  the  case  of  perishable  freight, 
if  destination  carrier  cannot  deliver  and  collect  charges, 
guaranteeing  carrier  shall  at  once    be    asked  direct  or 
through  waybilling   station   for   disposition   of  freight, 
which  shall  be  held,  when  practicable,  for  such  advice. 
When  freight  is  refused  for  loss  or  damage  located  with 
carrier,  guarantee  .shall  be  void.    Provisions  with  respect 
to  minimum  debits  (Rule  42)  shall  not  apply  to  this  rule. 

DISPOSITION  OF  DEFICITS  ARISING  FROM  UNCOLLECTIBLE 
FREIGHT  CHARGES 

(28)  Sale    of    Unclaimed    or    Refused    Freight    for 
Charges.    Uncollectible  deficits  in  charges  against  freight 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  13 

which  is  unclaimed  or  refused  when  the  result  of  negli- 
gence of  one  or  more  carriers  in  the  line  shall  be  charged* 
to  the  carrier  or  carriers  at  fault  under  appropriate  rule. 
When  not  the  result  of  negligence  of  the  carriers,  the 
deficit  shall  be  prorated  on  revenue  by  all  carriers  in- 
terested. Terminal  transportation  charges,  demurrage, 
storage,  and  transportation  arbitraries  shall  be  included 
in  determining  revenue  of  carriers;  provided,  however, 
that  freight  which  accumulates  in  warehouses  and  is 
periodically  sold  shall  be  disposed  of  without  reference 
to  other  carriers  and  any  loss  in  charges  on  such  freight 
shall  be  borne  by  the  carrier  selling. 

The  provisions  of  this  rule  shall  also  apply  when  the 
destination  carrier  takes  the  unclaimed  or  refused  freight 
for  company's  use.  The  distribution  statement  of  claim 
covering  any  uncollectible  amount  prorated  under  this 
rule  must  bear  affirmative  declaration  of  carrier  making 
distribution  that  the  amount  is  uncollectible  by  reason 
of  conditions  set  forth  in  Rule  D-15. 

(29)  Charges  on  Freight  Sent  Elsewhere  for  Sale.    If 
necessary  to  forward  carload  freight  to  another  point  to 
be  sold,  the  carrier  performing  such  service  is  entitled 
to  the  tariff  rate  and  charges  lawfully  applicable  thereto ; 
and  in  determining  the  total  uncollectible  deficit  to  be 
prorated;  the  carrier  is  entitled  to  include  the  amount 
so  charged. 

(30)  Showing  Miscellaneous  Advances   on   Waybills. 
Where  there  are  charges  such  as  demurrage,  switching, 
duty,  and  entry  fees,  or  any  other  charges  that  are  in 
addition  to  the  rate,  it  is  the  duty  of  each  carrier  to  show 
such  charges  in  detail  and  separately  from  the  regular 
revenue,  and  the  agent's  failure  to  do  so  will  make  his 
company  responsible  for  the  non-collection  of  same  when 
uncollectible  within  the  rulings  of  the  Interstate  Com- 
merce Commission   (See  Ruling  M-7). 

(31)  Destination  Carrier  Responsible  for  Collection  of 
Correct  Charges.    While  accepting  the  principle  that  the 
destination  carrier  shall  assume  the  duty  of  collecting 
all  tariff  charges,  this  will  not  relieve  the  initial  or  inter- 
mediate carriers  from  responsibility  for  their  errors  that 
are  impossible  of  detection  by  the  destination  carrier. 
While  recognizing  the  difficulty  of  enumerating  all  of  the 
various  classes  of  undercharges,  the  following  are  some 
of  the  losses  which  should  not  be  borne  by  the  destination 
carrier : 


14  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

(a)  Miscellaneous  charges  for  switching,  demur- 
rage, storage,  icing  or  feeding,  detention  or  stop-off 
charges,  etc.,  omitted  from  billing  and  not  a  part 
of  or  included  in  the  through  rate. 

(b)  Undercharges  due  to  error  in  rates  published 
in  tariffs  to  which  destination  carrier  is  not  a  party. 

(c)  Undercharges  due  to  failure  to  collect  tariff 
charges  on  shipments  destined  to  prepaid  or  non- 
agency  stations. 

(d)  Undercharges  due  to  the  insertion  of  incor- 
rect rates  in  export  bills  of  lading  issued  by  initial 
or  intermediate  carrier. 

(e)  Charges  waybilled  as  prepaid,  subsequently 
changed  by  correction  to  collect. 

(f )  Demurrage  charges,  etc.,  accruing  at  point  of 
origin  and  not  noted  on  bills  of  lading. 

.  (g)  Undercharges  due  to  failure  of  weighing  car- 
rier to  state  correct  gross  carload  weight  on  way- 
bills when  charges  are  collectible  on  track  scale  or 
shippers'  agreement  weights. 

(32)  Destination  Carrier  to  Receive  Assistance  From 
Other  Carriers  in  Collecting  or  Refunding.    Destination 
carrier  shall  receive  all  possible  assistance  from  initial 
or  intermediate  carriers  in  its  efforts  to  make  collections 
or  refunds. 

(33)  Disposition  of  Amounts  Not  Chargeable  to  Desti- 
nation Carrier.     The  destination  carrier,  shall,  in  the 
interest  of  all  concerned,  use  all  diligence  to  determine 
and  collect  the  correct  charges  and  shall  make  a  demand 
in  writing  on  the  consignee  or  consignor,  or  both,  if 
necessary,  for  charges  which  are  uncollected,  owing  to 
error  of  another  carrier  and  which  are  undiscoverable 
by  the  destination  carrier. 

After  two  unanswered  demands  in  writing  for  payment, 
or  after  a  direct  refusal  of  the  debtor  to  pay,  the  car- 
rier in  error  shall  without  further  action  on  the  part  of 
the  destination  carrier,  accept  debit  for  the  uncollected 
tariff  charges  or  shall  authorize  the  destination  carrier 
at  the  expense  and  for  the  account  of  the  carrier  in  error, 
to  bring  suit  for  the  recovery  of  these  charges. 

GUARANTEEING  ADDITIONAL  PREPAYMENT  OF  FREIGHT  AT 
JUNCTION  POINTS 

(34)  Shipments  Destined  to  Agency  Stations  Requiring 
Prepayment.     When  freight  destined  to  an  agency  sta- 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  15 

tion  upon  which  charges  should  be  fully  prepaid  or  guar- 
anteed, in  accordance  with  tariff,  is  tendered  connecting 
carrier  and  it  develops  that  such  prepaid  charges  are 
insufficient  to  carry  shipment  to  destination,  the  carrier 
tendering  shall  authorize  its  junction  agent  to  guarantee 
to  the  connecting  carrier  a  sufficient  amount  to  carry  the 
shipment  to  destination.  Delivery  to  a  connection  of 
such  a  shipment  for  an  agency  station  constitutes  a  guar- 
antee to  the  receiving  carrier  of  a  sufficient  amount  to 
transport  the  shipment  to  destination,  a  specific  guar- 
antee on  the  billing  not  being  required  for  each  case. 
The  destination  agent  shall  exercise  due  diligence  and 
employ  all  means  at  his  command  to  collect  amount  due 
from  consignee;  but  if  unable  to  do  so,  the  deficit  shall 
be  adjusted  on  its  merits,  the  minimum  debit  rule  No.  42 
not  to  apply  in  such  cases.  The  receiving  carrier,  how- 
ever, should  not  return  such  shipments  to  the  delivering 
carrier  for  additional  prepayment. 

The  provisions  of  this  rule  shall  not  apply  to  additional 
prepayment  covering  extra  weight  on  freight  resulting 
from  weighing  in  transit  and  found  to  exceed  the  weight 
as  originally  billed,  or  to  freight  inspected  resulting  in 
increased  rating  and  charges. 

(35)  Shipments    Destined    to    Non-agency    Stations. 
When  a  shipment  destined  to  a  non-agency  station  is 
billed  collect  or  insufficiently  prepaid,  it  shall  be  accepted 
from  connecting  carrier  and  forwarded  to  destination. 
The  destination  carrier  shall  make  reasonable  effort  to 
collect  the  amount  due,  but  if  unsuccessful,  may  upon  its 
statement  that  it  is  unable  to  collect,  correct  the  waybill 
to  read  fully  "Prepaid"  if   the    shipment    is    waybilled 
through  from  point  of  origin  to  destination.     When  re- 
billed  enroute  the  final  adjustment  shall  be  made  through 
claim  channels,  the  minimum  debit  Rule  No.  42  not  to 
apply  in  such  cases.    In  either  case  the  adjustment  made 
shall  maintain  the  integrity  of  the  lawful  rate.     When 
re-billed  en  route,  settlements  under  this  rule  shall  be 
made  under  Rule  No.  38,  all  papers  to  accompany  debit. 

FORWARDING  SHIPMENTS  BILLED  SHORT  OF  DESTINATION 

(36)  Shipments  Waybilled  Short  of  Destination.  When 
a  shipment  has  been  billed  in  error  to  a  point  short  of  the 
proper  destination,  such  shipment  shall  be  forwarded  and 
charges  collected  at  the  lawful  tariff  rate  from  point  of 


16  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

origin  to  correct  destination  applicable  via  the  route  ship- 
ment moved. 

FAILURE  TO  OBSERVE  INSTRUCTIONS  FOR  DIVERSION 

(37)  Failure  to  Accomplish  Diversion.  When  in  accord- 
ance with  the  conditions  of  the  tariffs  lawfully  applicable, 
a  carrier  is  requested  to  divert  a  shipment,  and,  through 
negligence  or  error  of  a  carrier  the  diversion  is  not  accom- 
plished, the  carrier  responsible  for  the  negligence  or  error 
shall  be  wholly  responsible  for  any  lawful  overcharge 
resulting,  subject  to  Rule  19.    This  rule  will  apply  on  all 
unsettled  claims. 

INTERLINE  SETTLEMENT  AFTER  INVESTIGATION  AND 
PAYMENT 

(38)  Distribution  Statements.  When  the  investigation 
in  connection  with  a  claim  is  complete  and  the  responsi- 
bility therefor  is  located,  the  carrier  by  which  the  claim 
has  been  investigated  shall  apportion  the  amount  in  ac- 
cordance with  the  foregoing  rules.    Such  carrier  shall  also 
prepare  and  forward  to  each  interested  carrier  a  distribu- 
tion statement  for  each  claim,  showing  billing  reference 
over  all  interested  carriers,  claim  numbers  when  known, 
the  amount  charged  to  each,  the  route  over  which  ship- 
ment moved,  and  when  necessary  the  through  rate  and 
divisions  via  such  route  and  tariff  authority,  with  I.  C.  C. 
numbers.     Provided  that  no  carrier  shall  be  penalized 
for  any  overcharge,  unless  it  has  been  given  the  oppor- 
tunity to  develop  the  fact  pertaining  thereto  prior  to  the 
time  prescribed  by  the  Interstate  Commerce  Commission 
for  the  destruction  of  records.     This  rule  will  apply  on 
all  unsettled  claims. 

(39)  Disposition  of  Papers.    When  the  amount  of  any 
claim  is  divisible  between  carriers  and  does  not  exceed 
$20.00,  the  claim  papers  shall  be  retained  by  the  settling 
carrier,  except  claims  coming  under  Rule  50.    When  the 
total  amount  paid  is  not  proratable    or    is    more    than 
$20.00,  and  only  one  other  carrier  is  interested,  state- 
ment and  claim  papers  shall  be  sent  to  it,  but  if  two  or 
more   other   carriers   are   interested  original   statement 
and  claim  papers  shall  be  sent  to  the  carrier  most  distant, 
and  a  copy  of  the  statement  showing  disposition  of  claim 
papers,  to  each  other  carrier  interested. 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  17 

Non-members.  When  paying  carrier  is  an  intermediate 
carrier,  claim  papers  shall  be  sent  to  last  interested  car- 
rier in  the  direction  of  destination.  When  a  non-member 
carrier  is  interested  in  any  unsettled  claim,  settling  car- 
rier may  charge  out  to  members  their  proper  proportions 
under  the  rules,  retaining  papers  with  which  to  negotiate 
with  the  non-member  as  to  settlement  of  its  proportion. 
Any  interested  carrier  shall  have  the  right  to  obtain  papers 
from  carrier  with  which  they  are  filed.  See  Rule  49. 

(40)  Recharge  of  Disputed  Amounts.    When  amount 
charged  in  accordance  with  Rule  No.  38  is  for  any  valid 
reason  unsatisfactory,  to  debited  carrier,  it  may  be  re- 
charged to  paying  carrier  on  monthly  statement  within 
one  year  from  date  of  statement  in  which  charge  is  in- 
cluded, except  that  when  charge  is  made  under  Rule  12, 
the  delinquent  carrier  shall  not  have    the    privilege  of 
recharging  without  authority.    No  recharge  shall  exceed 
the  original  amount  charged,  nor  shall  any  correction  be 
required  for  less  than  One  Dollar  ($1.00). 

No  recharge  shall  be  made  except  over  personal  signa- 
ture of  the  claim  officer,  or  when  authority  for  other  sig- 
nature is  stamped  on  recharge  statement.  The  objecting 
carrier  shall  notify  all  interested  carriers  and  shall  not 
again  be  charged  until  it  so  authorizes  or  claim  is  arbi- 
trated. Nothing  in  this  rule  shall  make  it  obligatory  upon 
any  carrier  to  accept  a  distribution  statement  covering 
any  claim  in  which  investigation  does  not  clearly  show 
that  such  carrier  handled  the  shipment,  or  to  accept  a 
draft  covering  such  distribution  statement.  This  applies 
on  all  unsettled  claims. 

(41)  Claims  less  than  $1.00.    Claims  for  less  than  one 
dollar  shall  not  be  consolidated  to  make  an  amount  over 
the  minimum  (one  dollar) ,  but  shall  be  paid  and  absorbed 
by  the  settling  carrier;  provided  shipment  moved  over  its 
lines,  but  agents  may  include  in  one  monthly  claim  for 
relief  any  number  of  shipments  originating  on  the  same 
road  and  traveling  via  the  same  route. 

(42)  Minimum  Debits.     No  charge  shall  be  made  by 
the  carrier  settling  the  claim  against  another  carrier  when 
the  entire  proportion  beyond  the  settling  carrier  is  less 
than  $1.00,  except  as  provided  in  Rules  18   (overcharge 
due  to  misrouting  through  error  of  carrier),  27  (collec- 
tion of  guaranteed  charges),  34  and  35   (adjustment  of 
charges  on  freight  insufficiently  prepaid). 


18  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

(a)  When  a^  non-member  line  is  involved,  mini- 
mum debit  rufe  shall  apply  between  member  lines. 

(b)  In  computing  minimum  a  fraction  of  one-half 
cent  or  over  shall  be  regarded  as  one  cent. 

(c)  When  authority  is  given  on  the  claim  papers, 
the  following  will  govern  as  to  the  minimum  (subject 
to  the  exceptions  stated  in  this  Rule),  paying  carrier 
being  considered  as  the  first  carrier. 

(d)  When  two  carriers  are  involved,  the  second 
carrier  shall  not  issue  authority  for  any  amount  less 
than  one  dollar. 

(e)  When  three  or  more  carriers  are  involved, 
intermediate  carrier  shall  issue  its  authority  for  any 
amount  less  than  one  dollar  when  the  entire  pro- 
portion of  succeeding  carrier  or  carriers  is  one  dollar 
or  more. 

(f )  When  last  carrier's  proportion  is  less  than  one 
dollar,  next  preceding  intei  mediate  carrier  shall  issue 
authority  for  its  own  proportion  and  that  of  the  last 
carrier  if  the  two  aggregate  one  dollar  or  more. 

(43)  Correction  Minimum.    No  correction  shall  be  re- 
quired in  a  bill  rendered  or  authority  issued  for  any  cleri- 
cal error  less  than  one  dollar  ($1.00). 

(44)  First  Carrier  Beyond  Gateway  or  Rate  Prorating 
Point   to    Give    Divisions   of   Revenue    for   Overcharge 
Claims.    When  an  overcharge  is  clearly  located  with  a 
group  of  two  or  more  connecting  carriers  beyond  a  com- 
mon gateway,  crossing,  or  rate-breaking  point,  it  shall 
be  the  duty  of  the  first  carrier  beyond  the  gateway  to 
furnish  the  paying  carrier  a  statement  which  will  clearly 
set  forth  the  correct  divisions  to  be  applied  and  the  pro- 
portions that  were  allowed  the  interested  carriers  in  inter- 
line settlement,  and  unless  such  information  is  furnished 
within  60  days,  the  entire  amount  of  such  group  propor- 
tion shall  be  charged  to  the  said  first  carrier.    It  shall  also 
be  the  duty  of  the  first  member  carrier  beyond  the  gate- 
way or  rate-breaking  point  to  furnish,  upon  request,  rates 
and  divisions  with  I.  C.  C.  tariff  authority  therefor,  to  or 
from  the  rate  breaking  point  when  tariffs  are  not  in  the 
possession  of  the  road  against  which  claim  is  presented, 
such  request  to  show  junctions  via  which  shipment  moved. 

(a)  Claims  for  relief  of  charges  on  freight  short  at 
junctions,  as  specifically  provided  for  in  Rule  50,  shall  be 
handled  in  accordance  with  that  rule. 


R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES  19 

(45)  Honoring  Authorities  Granted.    When  authority 
has  been  granted  on  the  strength  of  which  money  has 
been  paid  which  would  not  otherwise  have  been  paid, 
such  authority  shall  be  honored  and  no  repudiation  shall 
be  allowed ;  but  when  authority  is  simply  a  clerical  error 
and  no  loss  has  resulted  therefrom,  it  shall  be  susceptible 
of  correction. 

(46)  Insolvent  Gamers.     Should  any  carrier  be  in- 
solvent, uncollectible  amount  due  from  it  shall  be  assumed 
by  other  carriers  handling  shipment. 

(a)  If  full  amount  is  due  from  insolvent  carrier  it 
shall  be  prorated  between  all  other  carriers  handling 
shipment  on  revenue  basis. 

(b)  Where  two  or  more  carriers  are  liable,  insol- 
vent carrier's  proportion  shall  be  prorated  between 
them,  using  their  proportions  of  claim  as  factors. 

(c)  Provided    each    participating    carrier    shall 
furnish  by  its  proper  officer  a  certified  statement  of 
account  with  insolvent  carrier   showing  no   credit 
available  for  offset. 

(47)  Disposition    of    Undercharges    Discovered.     All 
undercharges  occurring  through  errors  in  the  original 
divisions  of  revenue  which  are  discovered  in  handling 
overcharge  claims  shall  be  credited  to  the  carriers  to 
which  they  belong  in  the  final  apportionment;  provided 
the  amount  is  in  excess  of  the  debit  minimum    (Rule 
No.  42). 


STATEMENT  OF  AMOUNTS  DUE  AND  PAYABLE  BY  DRAFT 

(48)  Statements  of  Amounts  Due.  On  or  before  the 
10th  of  each  month  (or  weekly  by  special  agreement,  if 
necessary  to  avoid  a  large  accumulation),  the  paying  car- 
rier should  render  a  statement  on  R.  A.  O.  A.  form  of 
amounts  due  from  each  debtor  carrier  with  claim  papers, 
when  necessary,  and  as  provided  in  Rule  38,  and  distribu- 
tion statements,  to  the  proper  officers  by  prepaid  express, 
postal  mail  or  messenger.  Draft  may  be  made  by  the 
creditor  carrier  on  or  after  the  10th  of  the  succeeding 
month  for  totals  of  statements,  or,  on  agreement  between 
'carriers  in  interest,  drafts  may  be  made  for  the  balances, 
which  drafts  shall  be  paid  by  the  debtor  carrier  upon 
presentation. 


20  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

(49)  Return  of  Claim  Papers  to  Paying  Carrier  for 
File.    When  claim  papers  are  forwarded  to  another  car- 
rier with  bill  for  its  authorized  proportion  or  as  provided 
in  Rule  38,  they  shall  be  returned  to  the  settling  carrier  as 
promptly  as  possible,  and  in  any  event  within  one  year 
from  date  of  rendition  of  bill  or  date  of  abstract  of  dis- 
tribution.    Return  of  the  papers  shall  be  made  to  the 
officer  in  charge  of  claims  of  the  paying  carrier  unless 
instructions  to  the  contrary  are  attached  to  the  papers. 

Any  penalty  incurred  by  the  paying  carrier  for  failure 
to  have  in  its  file  papers  supporting  a  claim  after  the  time 
specified  shall  be  with  the  carrier  which  has  failed  to 
return  such  papers  to  the  paying  carrier,  as  provided  in 
this  rule.  This  rule  will  not  apply  to  claims  charged  out 
under  Rule  50. 

(50)  Relief  of  Charges  on  Short  Freight.  When  freight 
checks  short  at  junction  point,  intermediate  point  or  des- 
tination, the  carrier  delivering    the    waybill    on    which 
freight  is  short  shall,  on  demand,  refund  the  full  amount 
of  revenue,  that  accrued  up  to  junction  point  if  freight 
does  not  reach  destination  within  sixty  days.    No  investi- 
gation further  than  the  development  of  the  above  record 
shall  be  necessary.     This  is  to  apply  to  either  junction 
or  audit  office  settlements  and  on  all  unsettled  claims 
(D-13)  ;  subject,  however,  to  a  minimum  charge  of  one 
dollar.  When  two  or  more  carriers  are  involved,  the  prin- 
ciple of  distribution  outlined  in  Rule  42  shall  govern. 

When  both  the  original  waybill  and  the  shipment  are 
short  at  destination  (the  destination  carrier  having 
reported  the  waybill  as  result  of  tracing  by  the  billing 
carrier),  and  the  shipment  fails  to  reach  destination 
within  sixty  days,  no  further  investigation  is  necessary, 
but  destination  carrier  may  arbitrarily  charge  its  next 
connection  the  total  amount  of  charge  up  to  junction 
point,  as  provided  in  first  paragraph  of  this  rule,  and 
each  intermediate  carrier  may  charge  its  next  connection 
in  a  like  manner. 

When  the  destination  of  short  freight  is  a  station  on 
the  line  of  two  or  more  carriers,  the  agent  of  the  carrier 
via  which  the  shipment  is  routed,  which  holds  the  way- 
bill, shall  advise  the  agent  of  the  other  carriers  of  the 
shortage,  giving  a  description  of  the  freight.  The  agents 
should  carefully  examine  their  records  and  warehouses^ 
and  if  located,  the  freight  or  charges  collected,  as  the 
case  may  be,  shall  be  promptly  surrendered  to  the  carrier 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  21 

holding  the  waybill.  Provided,  however,  that  when  a 
carrier  transports  a  single  shipment  of  less  than  carload 
astray  freight,  weighing  five  thousand  pounds  or  more, 
or  a  car  containing  LCL  astray  freight,  weighing  five 
thousand  pounds  or  more,  the  carrier  holding  the  way- 
bills shall  turn  them  over  to  the  carrier  performing  the 
service. 

LOADED  CARS  HANDLED  AS  EMPTY 

(51)  Loaded  Cars  Handled  as  Empty.    When  a  carrier 
delivers  to  another  carrier  a  car  accompanied  by  an  empty 
car  ticket,  running  slip,  or  card  waybill,  or  with  advice 
that  the  car  is  empty,  the  receiving  carrier  and  subse- 
quent carriers  are  warranted  in  handling  the  car  as  an 
empty.     Carrier  handling  loaded   car  as  an   empty  is 
entitled  to  revenue  on  one-way  haul.    See  Rule  19. 

OBTAINING  INFORMATION  IN  CONNECTION  WITH  RATES 

(52)  Obtaining  Information  in  Connection  with  Rates. 
When,  in  investigating  overcharge  claims,  it  is  necessary 
to  obtain  rates  from  other  carriers  communications  shall,, 
in  all  cases,  be  addressed  to  the  accounting  officer  hand- 
ling overcharge  claims,  who  shall  be  responsible  for  the 
furnishing  of  such  information. 

VOTING  POWERS  AND  PROCEDURE  FOR  CHANGING  RULES 

(101)  Voting  Powers.    The  voting  powers  on  questions 
relating  to  overcharge  and  agency  relief  claims  shall  be 
restricted  to  members  who  are  in  general  or  direct  charge 
of  such  claims,  and  only  one  vote  shall  be  allowed  each 
member  line,  provided  that  this  rule  shall  not  be  con- 
strued as  permitting  any  individual  member  to  cast  more 
than  one  vote. 

(102)  Membership  on  Arbitration  and  Appeal  Com- 
mittees.    Only  members    of    the    Association  who  are 
directly  in  charge  of  overcharge  and  agency  relief  claims 
shall  be  eligible  for  membership  on  the  Arbitration  and 
Appeal  Committees. 

(103)  Procedure  for  Changing  Rules.    Any  member  of 
the  Association  handling  claims  may  take  up  with  the 
President  of  the  Association  the  question  of  altering  or 
amending  these  rules.     Such  communications  to  be  re- 


22  R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES 

ferred  to  the  Committee  on  Overcharge  and  Agency  Re- 
lief Claim  Rules,  consisting  of  seven  members,  for  consid- 
eration, and  published  in  the  Agenda.  By  a  majority 
vote  of  the  members  eligible  to  vote  on  claim  matters, 
these  rules  may  be  amended  or  altered  at  any  annual 
meeting  of  the  Association,  such  changes  to  be  effective 
90  days  from  date  of  adoption,  provided  that  the  Asso- 
ciation by  three-fourths  vote  of  members  eligible  to  vote 
on  claim  matters,  may  make  any  alteration  or  amend- 
ment to  these  rules  effective  at  once. 

(104)  Penalty  for  refusing   to   Comply  with  Rules, 
Decisions,  etc.    Whenever  any  member  of  the  Association 
declines  to  comply  with  any  of  its  requirements  or  rules 
relating  to  the  handling  of  claims,  or  declines  to  abide  by 
decisions  of  the  arbitration  and  appeal  committees,  as 
provided  herein,  such  circumstance  shall  be  reported  to 
the  President  of  the  Association,  and  if  he  and  the  two 
Vice  Presidents  shall  decide  by  a  majority  vote,  from  the 
written  evidence  submitted,  that  the  member  is  guilty 
of  the  offense  charged,  he  and  the  carrier  he  represents 
shall  be  deprived  of  the  privileges  of  the  Association  as 
relating  to  claims.     A  member  so  suspended  shall  have 
the  privilege  of  bringing  the  matter  before  the  Associa- 
tion at  its  annual  meeting  and  his  reinstatement  will  be 
ordered  by  the  President,   if  favored  by  a  two-thirds 
vote  of  members  eligible  to  vote  on  claim  matters  at  such 
annual  meeting. 

ARBITRATION  AND  APPEAL  COMMITTEES 

(105)  Arbitration  and  Appeal  Committees.    The  Asso- 
ciation shall  provide  for  two  additional  committees,  each 
composed  of  three  members  directly  in  charge  of  over- 
charge claims,  one  to  be  known  as  the  "Arbitration  Com- 
mittee," the  other  as  the  "Appeal  Committee." 

(106)  Personnel  of  Committees.    No  two  members  of 
either  arbitration   committee  or  the   appeal  committee 
shall  be  selected  from  the  same  section  of  the  country, 
but  each  of  these  committees  shall  be  made  up  respectively 
of  one  member  from  eastern  territory,  one  member  from 
western  territory,  and  one  member  from  southern  terri- 
tory. 

(107)  Appointing  Members  to  Appeal  and  Arbitration 
Committees.     The  President  shall,  within   thirty    (30) 
days  after  each  annual  meeting,  appoint  three  (3)  mem- 


R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES  23 

bers  each  to  the  Appeal  and  Arbitration  Committees. 
Such  committees  to  serve  until  the  next  annual  meeting 
of  the  Association.  The  personnel  of  both  committees 
to  be  made  up  in  accordance  with  the  provisions  of  Rule 
106. 

(108)  Substitute  in  Case  of  Interest.    If  any  member 
of  the  Arbitration  Committee,  or  Appeal  Committee  shall 
be  interested  in  any  question  referred  to  their  committee 
or  shall,  for  any  other  reason  be  unable  to  serve,  the  Presi- 
dent of  the  Association  shall  appoint  disinterested  mem- 
bers of  the  Association  eligible  as  substitutes  for  those 
interested  or  unable  to  serve. 

(a)  When  a  member  has  acted  as  arbitrator  on  a 
claim,  it  shall  disqualify  him  from  acting  as  member 
of  the  Appeal  Committee  on  same  claim,  and  the 
President  shall  appoint  a  disinterested  member  of 
the  Association  eligible  to  serve  in  his  place.  In  case 
the  President  is  interested  or  unable  to  serve,  the 
appointment  of  a  disinterested  member  shall  be  made 
by  the  First  Vice  President.  If  the  First  Vice  Presi- 
dent be  unable  to  serve  for  the  same  or  any  other 
reason,  then  the  appointment  shall  be  made  by  the 
Second  Vice  President. 

(109)  Vacancy,  How  Filled,  etc.    In  the  case  of  death, 
or  inability  from  any  cause  which  is  provided  for  above, 
or  failure  or  neglect  to  render  award  with  reasonable 
promptness  of  any  member  of  the  Arbitration  Committee 
or  the  Appeal  Committee  to  act,  the  President  shall  have 
the  power  to  appoint  another  member. 

(110)  Term  of  Office  and  Completing  Work  of  Arbi- 
tration and  Appeal  Committees.    These  committees  shall 
hold  office  for  one  year.    At  the  close  of  each  official  year 
the  Arbitration  and  Appeal  Committees  shall  have  thirty 
days  in  addition  to  its  regular  term  of  service  of  one  year 
in  which  to  complete  the  arbitration  of  such  claims  as 
have  been  submitted  to  it  by  the  Secretary  prior  to  the 
annual  meeting. 

Each  member  of  the  Arbitration  and  Appeal  Com- 
mittees shall  have  not  to  exceed  ten  days  of  such  thirty 
days  in  which  to  make  his  awards  on  such  claims. 

ARBITRATION  COMMITTEE 

(111)  Duties  of  Arbitration  Committee.  This  commit- 
shall  consider  and  act  upon  such  claims  as  may  be  referred 


24  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

to  it  in  the  manner  hereinafter  provided,  and  the  decision 
of  the  majority  of  the  committee  shall  be  binding  upon 
the  parties  involved,  except  that  they  shall  have  the  right 
of  appeal  to  the  Appeal  Committee,  as  provided  by  Rule 
202. 

(112)  Arbitration  Committee  No  Equity  Powers.   The 
Arbitration  Committee  shall  have  no  equity  powers,  but 
shall  decide  upon  the  evidence  contained  in  the  papers, 
in  accordance  with  the  rules  in  effect  when  brief  is  pre- 
pared by  the  carrier  submitting  claim  for  arbitration  in 
accordance  with  the  rules  or  rulings  in  effect  at  time 
shipment  moved,  date  of  bill  of  lading  shall  govern,  unless 
the  time  of  taking  effect  shall  otherwise  be  specially  pro- 
vided for  in  the  rules  or  rulings. 

(113)  Rules  Applied  to  be  Specified  in  Awards.    The 
arbitrators  shall  definitely  refer  to  rule  or  section  of  rule 
under  which  their  award  is  made,  and  the  arbitrators 
joining  in  the  majority  award  shall  agree  upon  and  give 
their  decision  under  the  same  rule. 

(114)  Equity  Power  When  Allowed.    The  Arbitration 
Committee  shall  not  apply  a  penalty  to  a  rule  which  does 
not  specifically  provide  a  penalty,  provided,  however,  that 
if  all  the  parties  interested  consent  thereto  in  writing,  the 
Arbitration  Committee  may  render  an  award  upon  an 
equity  basis  on  claims  covered,  or  not  covered,  by  these 
rules. 

(115)  Awards  to  be  Full  and  Explicit.    In  giving  deci- 
sions, or  awards,  on  claims,  the  arbitrators  shall  give 
decision  on  each  and  every  question  submitted,  and  such 
decision  shall  be  explicit  and  consistent,  so  that  it  may 
be  carried  out. 

(116)  No  Cause  of  Action.    When  no  cause  of  action 
lies  under  the  rules,  the  Arbitration  Committee  shall  so 
decide.     In  such  cases  the  Ten  Dollars  Arbitration  fee 
shall  be  charged  to  the  carrier  or  carriers  arbitrating 
claims  without  cause.    From  the  decision  so  given  by  the 
Arbitration  Committee,  appeal  may  be  taken  to  the  Ap- 
peal Committee  under  Rule  202. 

(117)  Claims  Must  Be  Paid  and  Bear  Evidence  of 
Payment.    All  claims  must  be  paid  before  they  are  sub- 
mitted for  arbitration,  and  must  bear  evidence  of  such 
payment.     Evidence  of  payment  shall  consist  of  claim- 
ant's receipt,  or  definite  statement  of  auditor,  treasurer, 
or  officer  in  charge  of  the  department  controlling  such 
claims  that  payment  has  been  made.    Such  evidence  shall 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  25 

be  embraced  in  the  arbitration  statement  of  the  paying 
carrier  or  attached  to  the  claim  next  below  that  carrier's 
statement.  The  statement  of  relief  of  agent  by  an  author- 
ized officer  of  the  accounting  department  shall  be  sufficient 
evidence  of  payment. 

(118)  Paying  Carrier  to  Submit.    When  the  foregoing 
requirements  have  been  complied  with,  the  carrier  paying 
the  claim  may  submit  it  for  arbitration,  provided,  how- 
ever, that  when  any  interested  member  carrier  accepts 
charge   from    another,    which   investigation    afterwards 
develops  should  not  have  been  accepted,  and  the  amount 
for  any  reason  cannot  be  recharged  or  collected  from 
liable  carrier,  then  the  carrier  outstanding  the  amount 
shall  have  the  right  to  submit  the  claim  for  arbitration 
in  all  respects  as  though  it  were  the  paying  carrier. 

(119)  Statements  to  Be  Submitted.    A  comprehensive 
statement,  based  upon  the  evidence  in  the  papers  shall 
be  made,  and  the  points  upon  which  a  decision  is  desired 
shall  be  definitely  stated.     This  shall  be  done  over  the 
personal  signature  of  the  officer  in  charge  of  the  claim 
department  of  the  carrier  presenting  the  claim  for  arbi- 
tration.    This  statement,  and  all  papers,  where  initial 
carrier  presents  claim  for  arbitration,  to  move  to  the 
next  carrier  in  the  direction  of  destination,  and  where 
destination  carrier  presents  claim  for  arbitration,  to  move 
to  the  next  carrier  in  the  direction  of  the  initial  carrier 
and  each  carrier  in  its  turn  shall  present  its  statement 
in  writing  over  the  personal  signature  of  the  proper  offi- 
cer, and  shall  then  send  such  statement  and  papers  to  the 
next  carrier  interested,  provided  that  where  the  claim 
is  presented  for  arbitration  by  an  intermediate  carrier, 
the  statement  and  all  papers  to  be  sent  to  the  initial 
carrier  and  by  it  in  turn  to  the  next    carrier    in    the 
direction  of  destination,  except  where  the  next  carrier 
may  be  the  carrier  presenting  the  claim  for  arbitration, 
in  which  case  papers  shall  be  sent  direct  to  the  next  car- 
rier beyond  the  carrier  presenting  claim  for  arbitration 
in  the  direction  of  destination.    The  carrier,  when  sub- 
mitting papers  to  next  connection,  shall  forward  copy 
of  letter  accompanying  papers  to  the  carrier  requesting 
.arbitration. 

Numbering  f  Papers.  Each  paper  included  in  the  file 
to  be  numbered  in  the  upper  right  corner  by  the  carrier 
.submitting  claim  for  arbitration,  commencing  with  Num- 
ber One  on  the  first  paper  at  bottom  of  file. 


26  R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES 

(120)  Communication  Between  Interested  Carrier  and 
Arbitrators  Prohibited.    No  direct  communication,  oraL 
written  or  printed,  shall  be  allowed  between  members 
interested  in  an  arbitration  before,  during,  or  after  such 
arbitration,  and  any  member  of  the  Arbitration  Com- 
mittee in  connection    with    such    arbitration,  save  and 
except  as  herein  made  and  provided.     Any  necessary 
communication   for    a    proper    purpose    shall    be   made 
through  the  Secretary,  and  when  he  is  in  doubt  as  to  the 
propriety  thereof,  he  shall  refer  the  matter  to  the  Presi- 
dent and  be  guided  by  his  decision. 

(121)  Preferred  Attention   Required.    When   papers 
are  submitted  as  provided  for  above,  they  shall  receive 
preferred  attention  in  each  claim  office,  thirty  (30)  days 
time  being  allowed  each  carrier  in  which  to  conduct  addi- 
tional investigation  and  to  prepare  brief  and  forward  its 
argument  and  papers.    When  it  develops  that  any  inter- 
ested carrier  has  failed  to  comply  with  the  rules  and 
requirements  to  make  and  attach  its  statement  and  for- 
ward the  claim  papers  to  the  next  interested  carrier,  or 
to  the  carrier  asking  for  arbitration  within  thirty  (30) 
days  after  receipt  of  claim  papers,  or  where  any  carrier 
loses  claim  papers  submitted  to  it  for  the  purpose  of 
arbitration,  notice  of  such  default  shall  be  given  by  the 
carrier  asking  for  arbitration  to  the  delinquent  carrier 
by   registered   mail,    securing   postal   authority   receipt 
therefor,  which  shall  be  forwarded  by  registered  mail 
to  the  Secretary  of  the  Association,  together  with  carbon 
of  letter  transmitting  notice. 

The  delinquent  carrier,  shall  within  thirty  (30)  days 
of  receipt  of  such  notice  by  him,  send  to  the  Secretary 
by  registered  mail  a  carbon  of  his  letter  forwarding  the 
papers  to  an  interested  carrier,  and  if  he  fails  to  do  so 
the  Secretary  of  the  Association  shall,  without  further 
notice,  adjudge  the  delinquent  carrier  in  default  of  the 
full  amount  of  claim,  and  the  delinquent  carrier,  shall  be 
required  to  pay  the  same  forthwith  to  the  carrier  asking 
for  arbitration.  When  the  carrier  so  adjudged  to  pay 
the  claim  as  hereinbefore  provided,  shall  have  duly  paid 
the  claim,  all  rights  in  the  claim  and  all  authorities  given 
thereon  shall  fully  pass  to  such  carrier  so  adjudged.  And 
it  is  further  hereby  provided  that  such  adjudged  carrier 
shall  have  the  right  to  subsequently  submit  the  claim  to 
arbitration  in  the  same  manner  and  with  the  same  rights 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  27 

under  the  rules  and  rulings  as  originally  were  possessed 
by  the  carrier  who  paid  the  claimant. 

(122)  Carrier  Refusing  to  Submit  Statement  Not  Re- 
leased.   In  the  event  of  any  carrier  refusing  to  present  a 
statement  of  its  case,  such  refusal  must  be  made  in  writ- 
ing over  the    personal  signature  of  person  in  charge  of 
claims,  and  the  papers  forwarded  to  the  next  carrier  in 
interest  within  the  specified  time.     But  such  refusal  to 
present  its  statement  or  argument  shall  not  release  any 
carrier  from  its  liability  under  the  decision  of  a  majority 
of  the  Arbitration  Committee. 

(123)  Papers  Returned  Through  Interested  Carriers. 
When  all  carriers  interested  have  stated  their  case  or 
refused  to  do  so,  the  papers  shall  be  returned  by  the  last 
carrier  through  the  interested  carriers    to    the    carrier 
requesting    arbitration,  which  shall  then  forward    the 
papers  at  once  to  the  Secretary,  first  ascertaining  that 
all  rule  requirements  have  been  complied  with,  and  that 
papers  are  in  as  neat  a  condition  as  possible,  properly 
backed  and  otherwise  arranged  as  provided  by  Rule  119. 
If  subsequent  to  the  attachment  of  the  brief  of  any  car- 
rier, another  carrier  makes  additional  investigation  or 
attaches  copies  of  previous  arbitration  or  appeal  decisions, 
opinions,  of  counsel  decisions  or  rulings  of  any  lawfully 
constituted,  administrative  or  judicial  body,  tariff  publi- 
cations or  rules,  contracts,  agreements,  or  other  matter 
not  contained  in  the  claim  papers  or  quotes  such  matters 
in  its  brief  and  the  new  facts  or  authorities  thus  developed 
or  cited  purport  to  affect  the  liability  of  carriers  whose 
briefs  have  already  been  submitted,  then  such  carrier 
shall  be  entitled  to  further  investigation,  and  one  rebuttal 
only,  and  the  right    to    see    all    rebuttals  subsequently 
attached,  but  this  rule  shall  not  be  construed  as  permit- 
ting further  argument  over  citations,  facts,  or  records, 
contained  in  the  papers,  and  which  each  interested  carrier 
has  had  an  opportunity  to  present  or  defend. 

(124)  Methods  of  Forwarding  Papers.    All  arbitration 
claims  shall  be  forwarded  between  interested  carriers  by 
express,  registered  postal  mail,   or  registered   railroad 
mail.    The  carrier  forwarding  papers  shall    prepay   all 
necessary  charges. 

(125)  Arbitration  Fee.    A  fee  of  Ten  Dollars  shall  be 
charged  for  arbitrating  each  claim,  such  fee  to  be  ad- 
vanced by  the  carrier  asking  arbitration,  and  must  accom- 
pany papers  to  the  Secretary  of  the  Association. 


28  R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES 

(126)  Arbitration  Fund,  How  Disposed  Of.    All  fees 
paid  for  arbitrating  claims  shall  be  kept  by  the  Secretary 
of  the  Association  as  a  separate  fund,  to  be  known  as  the 
"Arbitration  Fund."    One  dollar  of  the  fee  for  each  claim 
arbitrated  shall  be  credited  to  the  general  fund  of  the 
Association  and  at  the  end  of  the  year  $3.00  for  each 
claim  arbitrated  by  them  during  their  official  year  shall 
be  paid  to  each  member  of  the  Arbitration  Committee, 
provided  that  $3.00  each  on  such  claims  as  shall  have  been 
arbitrated  by  substitute  members  of  the  Arbitration  Com- 
mittee shall  be  paid  to  such  substitutes. 

(127)  Procedure  of  Committee,  etc.    When  the  fore- 
going requirements  have  been  complied  with  (as  to  which 
the  Secretary  of  the  Association  shall  be  the  judge),  the 
Secretary  shall  attach  his  acknowledgment  of  the  arbi- 
tration fee  and  forward  the  papers  to  a  member  of  the 
Arbitration  Committee,  not    the    chairman,  who    shall 
render  his  award  in  the  case,  and  forward  the  papers 
with  his  award  to  the  other  member  of  the  Arbitration 
Committee,   not  the  chairman,   who    shall    render    his 
award  and  forward  his  award  and  all  papers  to  the  chair- 
man.   The  chairman  shall  render  his  award  and  forward 
the  award  of  the  Arbitration  Committee,  together  with 
all  papers,  to  the  Secretary,  who    shall    return    all    the 
papers  together  with  the  award  rendered  by  the  Arbitra- 
tion Committee  to  the  carrier  from  whom  he  received  them 
originally.    Each  member  of  the  Arbitration  Committee 
shall  send  to  the  Secretary  a  carbon  of  his  letter  of  trans- 
mittal  to  the  next  member  of  the  committee. 

(128)  Secretary  to  Notify  Interested  Carriers  of  Deci- 
sions.   The  Secretary  shall  notify  each  carrier  interested 
the  result  of  the  decision  of  the  Arbitration  Committee. 
Should  any  carrier  so  interested  question  the  decision 
rendered  by  the  Arbitration  Committee,  that  committee 
shall  not  be  permitted  to  reopen  or  reconsider  the  case 
except  in  event  of  a  clerical  error,  at  to  which  the  Sec- 
retary shall  be  the  judge.     Such    dissatisfied    carrier's 
recourse  shall  be  to  the  Appeal  Committee,  as  provided 
in  Rule  202. 

(129)  Paying  Carrier  to  Charge  Out  Per  Arbitration 
Decision.    Upon  receipt  of  papers  with  Arbitration  Com- 
mittee's award,  the  paying  carrier  may  in  conformity 
with  such  award,  and  in  accordance  with  Rule  42  charge 
by  arbitrary  debit,  regardless  of  amount,  such  carrier 
or  carriers  as  have  been  penalized  and  who  accept  arbi- 


R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES  29 

trary  debits  under  the  plan  outlined  in  Rule  42.  The 
carrier  or  carriers  penalized,  who  do  not  accept  arbitrary 
debits,  shall  issue  authority  for  their  proportion  within 
thirty  (30)  days  after  receipt  of  papers.  The  papers  to 
be  sent  to  the  most  distant  carrier,  to  be  passed  in  turn 
to  its  immediate  connection  within  thirty  days,  and  so  on 
until  they  reach  the  paying  carrier  for  file.  Papers  in  all 
cases  to  be  forwarded  between  interested  carriers  by 
express  or  registered  postal  mail.  If  paying  carrier  de- 
sires to  appeal  claim,  it  will  be  required  to  carry  fuL 
amount,  pending  decision  of  the  Appeal  Committee. 

(130)  Procedure  When  Papers  Are  Lost  After  Arbi- 
tration Decision.    When  claim  papers  are  lost  after  deci- 
sion has  been  rendered  and  diligent  search  fails  to  find 
them,  carrier  or  carriers  decided  against  may  be  debited 
Avith  their  proportion  on  basis  of  Arbitration  Commit- 
tee's award  without  duplication  of  papers  further  than  a 
copy  of  the  award,  unless  one  of  the  interested  carriers 
desires  to  enter  an  appeal,  in  which  case  a  duplicate  set 
will  be  necessary  and  must  be  furnished  by  carrier  losing 
the  papers. 

( 131 )  Procedure  When  the  Arbitration  Committee  Fails 
to  Reach  Majority  Award.    When  the  Arbitration  Com- 
mittee fails  to  make  a  majority  award,  the  chairman  of 
the  committee  shall  refer  the  papers  back  to  the  members 
of  the  committee  to  see  if  an  agreement  can  be  reached. 
If  it  cannot  be  so  reached  by  the  committee,  then  recourse 
shall  be  had  to  the  Appeal  Committee  through  the  Secre- 
tary, in  accordance  with  Rule  202,  the  appeal  fee  to  be 
paid  out  of  the  general  fund. 

(132)  Arbitration  Fee,  How  Apportioned.  The  charge 
for  arbitration  shall  be  borne  by  the  carrier  or  carriers 
against  which  the  decision  is  given,  and  shall  be  appor- 
tioned by  the  Arbitration  Committee   (or  Appeal  Com- 
mittee in  case  of  appeal)   at  time  decision  is  rendered, 
except  that  such  carriers  as  have  agreed  in  their  brief 
to  assume  an  amount  equal  to  or  in  excess  of  that  assessed 
them  by  the  arbitrators,  shall  be  exempt  from  partici- 
pation in  the  fee.    The  receipt  of  the  treasurer  attached 
to  the  papers  shall  be  deemed  a  sufficient  voucher  for  the 
collection  of  such  amount. 

(133)  When  Traffic  or  Operating  Agreements  Involved. 
When  submitting  claims  involving  legitimate  traffic  or 
operating  agreements,  such  agreements  shall  be  quoted 
in  the  arguments  presented  and  acknowledged  or  repu- 


30  R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES 

dialed  by  the  other  carriers  interested  therein,  and  failure 
to  repudiate  shall  be  considered  an  acknowledgment.  If 
said  agreements  are  of  such  a  nature  that  it  is  deemed 
improper  or  inadvisable  by  the  parties  to  make  them 
known  to  the  committee,  the  claim  must  not  be  sent  to 
the  committee,  but  should  be  referred  to  and  settled  by 
the  officers  of  the  carriers  parties  to  such  agreements, 
unless  all  parties  consent  to  waive  said  agreements  and 
allow  the  claim  to  be  arbitrated  under  the  rules  of  the 
Association,  which  waiver  shall  be  duly  recorded  in  the 
argument  of  each  carrier. 

(134)  Refusal  to  Abide  by  Award.    It  shall  be  the  duty 
of  the  members  to  report  to  the  President  of  the  Asso- 
ciation the  refusal  of  any  member  to  abide  by  the  awards 
of  the  Arbitration  Committees,  or  to  take  an  appeal,  as 
provided  for  in  Rule  202. 

(135)  When  Non-member  Interested.    In  cases  where 
any  members  have  a  dispute  with  a  non-member  carrier, 
and  the  member  carrier  desires  to  have  it  arbitrated,  the 
Arbitration  Committee  shall  act  on  the  claim;  provided 
that  the  member  carrier  can  and  does  obtain,  over  the 
personal  official  signature  of  the  proper  officer  of  the  non- 
member  carrier,  his  consent  to  accept  the  Arbitration 
Committee  as  the  arbitrators,  and  that  he  will  comply 
with  the  requirements  and  rules  and  abide  by  and  fully 
comply  with  the  decision  of  a  majority  of  the  committee. 

(136)  When  Non-member  Declines  to  Arbitrate.     If 
the  non-member  carrier  declines  to  arbitrate,  this  will 
not  prohibit  arbitration  on  the  claim  as  between  the  mem- 
ber carriers,  and  such  award  as  may  be  made  against  a 
non-member  carrier  shall  be  assumed  by  the  paying 
carrier  when  non-member  carrier  is  alone  liable.    When 
liability  rests  jointly  between  member  carrier  or  carriers 
and  non-member  carrier,  the  amount  assessed  against 
non-member  carrier  shall  be  assumed  by  member  carrier 
if  but  one  member  carrier.    If  more  than  one,  the  amount 
of  claim  shall  be  assessed  against  member  carriers  held 
liable  on  basis  of  the  award. 

(a)  Non-member  Right  of  Appeal  After  Agreeing  to 
Arbitrate.  Non-member  carriers  shall  have  right  of  ap- 
peal from  decision  of  the  Arbitration  Committee,  provided 
they  have  agreed  to  abide  by  rules  of  this  Association,  but 
they  shall  not  be  allowed  any  initiative  arbitration  privi- 
leges. A  member  not  directly  interested  cannot  submit 
claim  for  arbitration  on  account  of  a  non-member  carrier. 


R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES          31 
APPEAL  COMMITTEE 

(201)  Appeal  Committee  to  Consider  on  Same  Basis. 
The  Appeal   Committee   shall   be   required  to   consider 
claims  which  are  referred  to  them  on  the  same  basis  as 
that  on  which  originally  presented  to  the  Arbitration 
Committee. 

(202)  Procedure  for  Appeal.     Should  any  carrier  be 
dissatisfied  with  the  decision  of  the  Arbitration  Com- 
mittee, an  appeal  may  be  taken  to  the  Appeal  Commit- 
tee, provided  notification  to  Secretary,  stating  date  papers 
first  reached  the  appealing  carrier  with  decision  of  the 
Arbitration  Committee,  with  copy  or  copies  to  carriers 
interested,  be  sent  within  thirty  days  after  receipt  of 
papers  with  award. 

A  deposit  of  $15.00  must  accompany  notification  to 
the  Secretary,  and  the  Secretary's  acknowledgment  of 
the  $15.00  shall  be  filed  in  the  claim  papers  and  shall 
be  proof  to  all  concerned  that  the  claim  is  duly  under 
appeal.  In  the  event  a  carrier  which  has  filed  with  the 
Secretary  a  notice  of  appeal,  decides  later  to  withdraw 
such  appeal,  it  shall  send  carbon  copy  of  notice  of  with- 
drawal to  all  interested  carriers,  and  any  other  interested 
carrier  will  not  then  be  debarred  from  appealing  the  case 
account  of  the  thirty  (30)  days'  time  limit  having  expired. 
Such  other  appeal  must  be  made  within  thirty  (30)  days 
after  again  receiving  papers. 

(203)  Statements  to  Appeal  Committee.    The  carrier 
asking  appeal  shall  have  thirty  days  after  such  notice  to 
Secretary  in  which  to  prepare  its  argument,  over  the  per- 
sonal signature  of  the  officer  in  charge  of  the  claim  office, 
and  the  papers  shall  then  be  referred  with  argument  by 
the  appealing  carrier  to  the  carrier  nearest  to  it  in  the 
direction  of  destination.     Each  interested  carrier  shall 
have  the  papers  and  the  right  to  make,  within  thirty  days, 
one  argument  to  the  Appeal  Committee,  which  must  be 
done  over  the  personal  signature  of  the  officer  in  charge 
of  claims.     No  additional  investigation   shall  be  made 
by  any  carrier  and  no  new  facts  or  evidence  shall  be 
presented;  provided,  however,  that  any  carrier  may  cite 
in  its  argument  any  previous  decisions  of  the  Appeal 
Committee.    When  all  carriers  interested  have  so  argued 
their  case,  or  refused  to  do  so  over  the  personal  signa- 
ture of  the  officer  in  charge  of  claims,  the  papers  shall 
be  returned  by  the  last  carrier,  through  interested  car- 


32  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

riers,  to  the  carrier  making  appeal,  fifteen  days'  time 
being  allowed  each  carrier  within  which  to  so  return  the 
papers  to  the  next  interested  carrier. 

When  papers  reach  the  appealing  carrier  they  shall  be 
forwarded  within  fifteen  days  to  the  Secretary,  unless 
such  carrier  desires  to  withdraw  its  appeal  and  comply 
with  the  decision  of  the  Arbitration  Committee.  When 
any  carrier  fails  to  attach  its  argument  or  refusal  and 
forward  papers  within  thirty  days,  or  to  return  the 
papers  to  next  interested  carrier  within  fifteen  days  as 
provided  in  this  section,  or  when  any  carrier  loses  claim 
papers  submitted  to  it  under  this  section  the  procedure 
and  penalty  set  forth  in  Rule  130  shall  apply.  The  pro- 
visions of  Rule  131  and  132  shall  also  apply  to  claims 
submitted  for  appeal.  No  direct  communication,  oral, 
written,  or  printed,  shall  be  allowed  between  any  member 
interested  in  an  arbitration  before,  during  or  after  such 
arbitration,  and  any  member  of  the  Arbitration  or  Appeal 
Committees  in  connection  with  such  arbitration,  save  and 
except  as  herein  made  and  provided.  Any  necessary 
communication  for  a  proper  purpose  shall  be  made 
through  the  Secretary,  and  when  he  is  in  doubt  as  to  the 
propriety  thereof,  he  shall  refer  the  matter  to  the  Presi- 
dent and  be  guided  by  his  decision. 

(204)  Procedure  of  Committee.    The  Secretary,  after 
ascertaining  that  the  foregoing  requirements  have  been 
complied  with  (as  to  which  he  shall  be  the  judge)  shall 
promptly  transmit  papers  to  a  member  of  the  Appeal 
Committee  other  than  the  chairman.     The  member  to 
whom  first  sent  shall  attach  his  award,  after  which  papers 
shall  be  passed  in  convenient  order  to  the  other  member 
of  the  Appeal  Committee  for  like  attention;  the  chair- 
man to  attach  his  award  last. 

It  shall  be  the  duty  of  the  chairman  to  see  that  a 
majo-  ity  award  has  been  given,  which  shall  be  final,  after 
which  the  papers  shall  be  sent  to  the  Secretary,  who  shall 
return  them  to  the  carrier  originally  submitting  them  for 
aibitration. 

(205)  Disposition  of  Appeal  Fee.    It  the  Appeal  Com- 
mittee affirm  the  decision  of  the  Arbitration  Committee, 
the  deposit  of  $15.00  shall  be  forfeited  and  credited  to  the 
general  fund  of  the  Association.    If  the  Appeal  Committee 
do  not  affirm  the  decision  of  Arbitration  Committee,  the 
$15.00  deposited  shall  be  credited,  to  the  general  fund  of 
the  Association,  and  this  amount,  together  with  the  arbi- 


R.  A.  0.  A.  OVERCHARGE  CLAIM  RULES  33 

tration  fee  of  $10.00,  shall  be  charged  to  the  carrier  or 
carriers  against  which  the  decision  is  rendered,  provided 
that  if  the  claim  is  appealed  by  other  than  the  paying 
carrier,  that  such  of  the  appeal  fee  as  is  not  charged 
against  the  appealing  carrier  may  be  charged  by  the 
appealing  carrier  to  the  paying  carrier.  Upon  receipt  of 
papers  with  the  Appeal  Committee's  award,  the  paying 
carrier  may,  in  conformity  with  such  award  and  in  accord- 
ance with  Rule  No.  42  charge  by  arbitrary  debit,  regard- 
less of  the  amount,  such  carrier  or  carriers  as  have  been 
penalized,  and  who  accept  arbitrary  debits  under  the  plan 
outlined  in  Rule  No.  42.  The  carrier  or  carriers  penalized 
who  do  not  accept  arbitrary  debits  shall  issue  authority 
for  their  proportion  within  ten  days  after  receipt  of 
papers.  The  papers  to  be  sent  to  the  most  distant  carrier, 
to  be  passed  in  turn  to  its  immediate  connection  within 
ten  days,  and  so  on  until  they  reach  the  paying  carrier 
for  file. 

Papers  in  all  cases  to  be  forwarded  between  interested 
carriers  by  express  or  registered  postal  mail.  When  claim 
papers  are  lost  after  decision  has  been  rendered  and  dili- 
gent search  fails  to  find  them,  carrier  or  carriers  decided 
against  may  be  debited  with  their  proportion  on  basis  of 
Appeal  Committee  award  without  duplication  of  papers 
further  than  a  copy  of  the  award. 

(206)  Compensation  of  Committee.    At  the  end  of  the 
year  five  dollars  ($5.00)  for  each  claim  reviewed  by  them 
during  their  official  year  shall  be  paid  out  of  the  general 
fund  of  the  Association  to  each  member  of  the  Appeal 
Committee,  provided  that  five  dollars  each  on  such  claims 
as  shall  have  been  reviewed  by  substituted  members  of 
the  Appeal  Committee  shall  be  paid  to  such  substitutes. 

(207)  Carbon  Copies  to  Secretary.     Each  member  of 
the  Appeal  Committee  shall  send  to  the  Secretary  a  car- 
bon copy  of  his  letter  of  transmittal  to  the  next  member 
of  the  committee. 

(208)  Appeal  Committee  to  Complete  Work.  The  work 
of  the  Appeal  Committee  shall  be  completed  by  them  so 
far  as  claims  before  them  are  concerned  and  their  unfin- 
ished labors  shall  not  be  turned  over  to  the  new  committee 
for  the  ensuing  year. 

(209)  Appeal   Committee   May   Interpret   Rules.    In 
case  there  shall  be  a  dispute  between  parties,  members  of 
this  Association,  as  to  the  proper  interpretation,  mean- 
ing, or  effect,  of  any  rule  of  this  Association,  any  party 


34  R.  A.  O.  A.  OVERCHARGE  CLAIM  RULES 

interested  may  submit  question  or  dispute  to  the  Appeal 
Committee  for  consideration  and  determination.  Each 
party,  in  presenting  his  contention,  shall  be  governed  by 
the  rules  and  provisions  applicable  to  the  submission  of 
claims  to  the  Appeal  Committee  for  decision. 

(210)  Previous  Decisions  as  Authority.  In  quoting 
previous  decisions  of  Arbitration  and  Appeal  Commit- 
tees, only  such  decisions  and  awards  as  have  been  made 
by  the  Railway  Accounting  Officers  Association  shall  be 
recognized  as  authority. 


R.  A.  O.  A.  Standard  Form  No.  300 

Size  8^x11  inches. 
To  be  printed  on  yellow  paper. 

Standard   Form  for   Presentation   of   Overcharge   Claims 

Approved  by  the  Interstate  Commerce  Commission,  December  2,   1913. 
Railway   Accounting   Officers   Association   and   National   Industrial   Traffic   League. 


(Name  of  person  to  whom  claim  is  presented) 


Name  of  carrier) 


(Address  of  claimant) 


(Date) 


( Claimant's  Number)  § 


Carrier's  Number) 


(Address) 

This  claim  for  $ is  made  against  the  carrier  named  above  by 

(Amount  of  claim)  (~Name~of  claimant )    ~ 

for  Overcharge  in  connection  with  the  following  described   shipments : 

Description   of  sh  pment 

Name  and  address  of  consignor    (shipper) IIII-IIIIIIII! 

Shipped  from To 

(City,  town  or  station)  (City,  town  ~o~r  station)"' 

Final    Destination Routed    via •_. 

(City,  town  or  station) 

Bill  of  Lading  issued  by Co.;  Date  of  Bill  of  Lading . 

Paid  Freight  Bill    (Pro.)    Number ;   Original  Car  Number  and  Initial II 

Name  and  Address  of  Consignee   (Whom  shipped  to) _ " 

If  shipment   reconsigned  en   route,    state   particulars ^ 

Nature   of   Overcharge . 

(Weight,  rate  or  classification,  etc.) 
DETAILED  STATEMENT  OF  CLAPM 

NOTE. — If  claim  covers  more  than  one  item  taking  different  rates  and  classification,  attach  separate  state- 
ment showing  how  overcharge  is  determined  and  insert  totals  in  space  below. 


No.  OF 
PKGS. 

ARTICLES 

WEIGHT 

RATE 

CHARGES 

AMOUNT  OF 
OVERCHARGE 

Charges 

\ 

Paid: 

\ 

Total 

\ 

Should 

\ 

have 

V 

been: 

\ 

Total 

Authority    for    rate    or    classification    claimed. 

Give,  so  far  as  practicable,  Tariff  reference   (I.  C.  C.  number,  effective  date  and  page" or" item")" 
IN  ADDITION   TO  THE   INFORMATION   GIVEN   ABOVE,   THE   FOLLOWING   DOCUMENTS 

ARE  SUBMITTED   IN  SUPPORT   OF  THIS  CLAIM.* 
(          )      1.  Original  paid  freight    ("expense")    bill. 
(          )     2.  Original  invoice,   or  certified  copy,   when   claim  is  based  on   weight  or  valuation,   or  when 

shipment  has  been  improperly  described. 
(          )     3.  Original    bill    of    lading,    if    not    previously    surrendered    to    carrier,    when    shipment    was 

prepaid,    or   when   claim   is    based   on   misrouting   or   valuation. 
(          )     4.  Weight  certificate  or  certified  statement   when   claim   is  based  on   weight. 

5.  Other  particulars   obtainable  in   proof  of   Overcharge  claimed:    f 


REMARKS : 


The  foregoing  statement  of  facts  is  hereby  certified  to  as  correct. 

(Signature  of  claimant) 


§Claimant  should  assign  to  each  claim  a  number,  inserting  same  in  the  space  provided  at  the  upper 
right  hand  corner  of  this  form.  Reference  should  be  made  thereto  in  all  correspondence  pertaining  to  this  claim.- 

•"Claimant  will  please  place  check  (x)  before  such  of  the  documents  mentioned  as  have  been  attached, 
'and  explain  under  "Remarks"  the  absence  of  any  of  the  documents  called  for  in  connection  with  this  claim. 
When  for  any  reason  it  is  impossible  for  claimant  to  produce  original  bill  of  lading,  if  required,  or  paid  freight 
bill,  claimant  should  indemnify  carrier  or  carriers  against  duplicate  claim  supported  by  original  documents. 

tClaims  for  overcharge  on  shipments  of  lumber  should  also  be  supported  by  a  statement  of  the  number 
of  feet,  dimensions,  kind  of  lumber,  and  length  of  time  on  sticks  before  being  shipped. 

Claims  based  on  rates  quoted  in  letters  from  traffic  officials  should  be  supported  by  the  original  or  copies 
of  such  letters. 


R.  A.  O.  A.  Standard  Form  No.  308 

Size  8%xll  inches. 
To  be  printed  on  paper  light  green  in  color. 


NORTH    AND    SOUTH    RAILROAD 
ABSTRACT  OF    DISTRIBUTION    STATEMENTS-OVERCHARGES 


No.. 


19. 


MR.. 


Herewith  the  following  Overcharge  Claim  Distribution  Statements  and  claim  papers,  as  provided  in 
Railway  Accounting  Officers  Associat:on  Rule  38,  showing  amounts  charged  your  company  in  the  settlement 
of  claims  to  date.  The  amount  of  this  account  will  be  included  in  a  draft  to  be  drawn  on  your  Treasurer, 
on  the  10th  prox.  per  Railway  Accounting  Officers  Association  Rule  No\.  48. 


OUR  NO. 

YOUR  NO. 

AMOUNT 

OUR  NO. 

YOUR  NO. 

AMOUNT 

OUR  NO. 

YOUR  NO. 

AMOUNT 

TO 

TAL 

TO' 

PAL 

TOT 

AL 

Cross  Ruling  for  double  space  typewriter. 


AUDITOR 


NORTH     AND     SOUTH     RAILROAD     COMPANY 


R.  A.  O.  A.  Standard  Form  No.  304 

Size  8%xll  inches. 
To  be  printed  on  paper  light  green  in  color. 


NORTH  AND  SOUTH  RAILROAD 

STATEMENT    OF    OVERCHARGE     CLAIM     AUTHORIZATIONS 

No 


.19. 


MR. 


Herewith    statement    of    authorized    debits    against    your    company    for    Overcharges    settled     (paid    or 
vouchered)     during    the   month    oi 


AUDITOR 


OUR  CLAIM 
NUMBER 

YOUR  CLAIM 
NUMBER 

AUTHORITY 
NUMBER 

AMOUNT 

OUR  CLAIM 
NUMBER 

YOUR  CLAIM 
NUMBER 

AUTHORITY 
NUMBER 

AMOUNT 

• 

-    -v     ' 

Cross   Ruling  for  double  space  typewriter. 

NORTH  AND   SOUTH    RAILROAD 


This  portion  should  be  used  for  Voucher  memorandum  and  distribution 
purposes,  according  to  the  individual  requirements  of  the  carrier. 

When  draft  authority  is  detached,  this  sheet  should  be  retained  by  carrier 
issuing  the  authority. 

The  entire  sheet  should  be  not  less  than  S^xll  inches,  and  the  size  of  the 
authority  should  be  81/&x3%  inches. 

It  is  intended  the  draft  authority  shall  always  be  at  the  bottom  of  the  sheet. 

To  be  printed  on  yellow  paper. 


R.   A.   O.  A.   Standard  Form  No.  806 


THE  NORTH  AND  SOUTH  RAILROAD 

ACCOUNTING      DEPARTMENT 


Authority  No 

N.  &  S.  R.  R.  Co.  Claim  No 

Claim  No 

19 

NOT    NEGOTIABLE 
This  document   (no  other  papers  required)    will  be  authority  for  the  road 

paying  claim  to  include 

Dollars  ($ )  in  monthly  statement  to  be  sent  to 

not  later  than  the  10th  of  the  month.    The  total  of  the  statement  is  subject  to  draft 
on  the  Treasurer  of  this  Company  ten  days  later. 


AUDITOR 


If  amount  authorized  is  incorrect,  return  all  papers  for  correction  to  Auditor, 


OVERCHARGE    CLAIM    AUTHORITY 


INDEX 


GENERAL  RULES 


RULE   NO. 

Changes  in  rules 103 

Failure  to  comply  with  rules  penalty 104 

Membership  on  committee 101 

Rules — 

Changing   procedure 103 

Failure  to  comply  with,  penalty 104 

Voting    powers J 101 


41 


INDEX 


INDEX  OF  RULES  PERTAINING  TO  THE  INVESTIGATION.  AD- 
JUSTMENT AND  APPORTIONMENT  OF  OVERCHARGE 
CLAIMS. 


RULE   NO. 

Accounting  officers,  to  furnish  rates 52 

Acknowledging  receipt  of  claim 16 

Additional  prepayments  at  junction,  guaranteeing 34-35 

Advanced  charges  to  be  shown  in  detail  on  billing 30 

Agency    reliefs 15 

Amounts  due  and  payable  by  drafts 48-50 

Application  of  rules A-l 

Apportionment  of  claims — 

Astray    freight 19 

Coal  and  coke 24-26 

Disputed   divisions 22 

Erroneous  rate  quotations 23 

Misrouting  18 

Rates,  weight  or  classification 17 

Terminal  charges 21 

Veracity,  questions  of 20 

Arrangement  of  claim  papers 3-4 

Authority  granted  must  be  honored 45 

Blanks,  uniform M-5 

Carrier  at  fault  may  pay  direct 5 

Cars,  loaded  handled  as  empty 51 

Cash,  transmitting M-l 

Charges,  collection  of  correct  amount 31 

guaranteed 27 

on  short  freight,  relief  of 50 

Claims  for  less  than  $1.00 41 

presented  to  intermediate  carrier 1 

Classification  erroneous,  apportionment  of  overcharge- 17 

investigation  of  overcharge 9 

Coal  and  coke  claims 24-26 

Corrections,  adjusting  claims  by M-3 

Collection  of  additional  freight  charges 33 

of  charges,  evidence  of 10 

responsibility  for 31 

destination  carriers  to  receive  assistance 

of  guaranteed  charges 27 

Correction   minimum ! 43 

Correspondence,  penalty  for  failure  to  reply  to 12 

Damaged  freight  refused  and  sold 28-29 

Deficits  arising  from  uncollectible  charges 28-29 

Definitions    D1-D16 

Demurrage  charges M-7 

42 


INDEX— INVESTIGATION,  APPORTIONMENT  43 

RULE   NO. 

Destination   carrier  responsible  for   collection   of   correct 

charges 31 

to  receive  assistance  from  other  car- 
riers in  collections  or  refunding 32 

Destruction  of  records 38 

Direct  investigation 12 

payment    5 

Disposition  of  amounts  not  chargeable  to  destination  car- 
riers      33 

of  deficits  from  uncollectible  charges 28-33- 

of  undercharges  discovered 47 

Disputed  amounts,  recharge  of 40 

claims    25 

divisions    22 

Distribution  statements  and  disposition  of  papers 38-39-49 

Diversion   failure 37 

Division  of  revenue  to  be  furnished  by  gateway  line 44 

Divisions  of  rates 13 

Documents,  supporting  when  missing 2 

Double  haul,  carrier  handling  to  refund  on  return  haul 19 

Draft  settlements— :__  48 

Drafts,  amounts  due  payable  by 48-50 

Erroneous  Destination,  waybilling  freight  to 19 

rate  quotation 23 

Evidence  of  collection  of  charges 10 

of  payment  in  papers 11 

to  support  claim 1-2 

Express  charges  on  papers 14 

Failure  to  accomplish  diversion 37 

to  reply  to  inquiry  regarding  claim 12 

Fees,  counsel 25 

First  carrier  beyond  gateway  to  give  division  of  revenue 44 

Forms,  uniform  blanks M-5 

Forwarding  shipments  billed  short  of  destination 36 

freight  to  be  sold  for  charges 29 

Freight  bill,  indemnity  required  when  missing 2 

original  evidence  of  collection 10 

unloaded  short  of,  or  carried  beyond  correct  desti- 
nation      19 

Guaranteed  charges 27 

Guaranteeing  additional  prepayment  at  junctions 34-35 

Guarantee  of  additional  freight  at  junctions 34-35 

Honoring  authorities  granted 45 

Insolvent  carrier's  proportion  to  be  prorated 46 

Interline  settlements  after  payment 38-47 

Intermediate  carriers,  claims  presented  to 1 

Investigation  and  settlement  of  claims 5-15 

direct   12 

Laws,  Federal  or  State,  conflict  with A-l 

Legal    action 25-33 

Loaded  cars,  handled  as  empty 51 

Membership  prior  to A-l 

Minimum  debits  and  exceptions 40-41-42-43 

Miscellaneous  charges  to  be  shown  in  detail  on  billing 30 

rulings  and  recommendations M1-M7 


44  INDEX— INVESTIGATION,  APPORTIONMENT 

RULE   NO. 

Misrouting  causing  overcharge 18 

Non-ir.embers,  settlement  with 39-42 

Notations  on  papers 4 

Numbers,  advice  of 16 

Obtaining  information  in  connection  with  rates 52 

Order  of  papers 4 

Original  paid  freight  bill,  evidence  of  collection 10 

Overcharge  on  coal  and  coke , 24-26 

on   interline   billing M-3 

in  rate,  weight  or  classification,  investigation 

of 7-8-9 

apportion- 
ment of 17 

statement  of,  in  papers 13 

by  misrouting 18 

by  freight  going  astray '. 19 

•          involving  question  of  veracity 20 

Papers,  evidence  of  payment 11 

fastening 4 

filed  with  paying  carrier 49 

mutilation  of 4 

notations  on , 4 

order  of 3 

passing  to  claimant's  possession M-2 

presentation  of 1 

removing  from  files 4 

retained  by  paying  carrier 39 

returned  to  settling  carrier 49 

submitted  to  counsel 25 

submitting  to  other  carriers 26 

supporting  documents,  missing 2 

to  accompany  charge 39 

wrappers  3 

Payment,  direct 5 

evidence  of 11 

Penalty  for  failure  to  reply  to  inquiry 12 

Penalties,  papers  not  on  file 49 

Personal  signatures ; 40 

Prepayment  of  charges 34-35 

at  junction  point 34-35 

Presentation  of  claims 1-2 

Prior  to  membership  A-l 

Question  of  veracity 20 

Rates  and  divisions,  authority  for 13 

erroneous,  investigation  of  overcharge 7 

erroneous,  apportionment  of  overcharge 17 

erroneous,    responsibility    for    collection    proper 

charges   

to  be  furnished  by  Accounting  Officers 52 

unauthorized,  not  to  be  protected 6 

unauthorized,  used  on  bill  of  lading-- 6 

Receipt  of  papers,  acknowledgment  of 16 

Receipts  for  payments M-4 

Recharge,  personal  signature 40 

Recharges  of  disputed  amounts 40 


INDEX— INVESTIGATION,  APPORTIONMENT  45 

RULE  NO. 

Records,  destruction  .of 38 

Refunds,  destination  carrier  to  receive  assistance 32 

Refused  freight  sold  for  charges 28-29 

Relief  of  charges  on  short  freight 44-50 

agent's  account 15 

Responsibility  for  collection  of  correct  charges 31 

Return  of  claim  papers  to  paying  carrier  for  file 49 

haul    19 

Revenue  divisions 44 

Rules,  application  of A-l 

Rulings  and  recommendations,  miscellaneous M1-M7 

Sale  of  freight  for  charges 28:29 

Settlement  after  payment 38-47 

Shipments  destined  to  non-agency  stations 35 

destined  to  agency  stations,  requiring  prepay- 
ment      34 

waybilled  short  of  destination 34 

Short  freight,  relief  of  charges  on 44-50 

Showing  miscellaneous  advances  on  waybills 30 

Statements  of  amounts  due  and  payable  by  drafts 48-50 

of  amounts  due  and  subject  to  draft 48 

of  overcharge 13 

Stop  off,  failure  to  make 19 

Storage  charges  M-7 

Suits,  legal 25-33 

Tariff  authorities 13 

Terminal  charges  excluded  from  revenue  in  overcharge 

claims 21 

Unauthorized  rates 6 

Unclaimed  freight  to  be  sold  for  charges 28-29 

Uncollectible  charges 33 

Undercharges,  collection  of 31 

destination  carrier  not  liable 31 

to  be  properly  credited 47 

Veracity  involved  on  claim  for  overcharge 20 

Weight,  erroneous,  investigation  of  overcharge 

apportionment  of  overcharge 17 

Weights,  variations  of  scales 24 

When  documents  missing 2 

Wrappers,  or  claim  backs 3 


INDEX 


ARBITRATION  AND  APPEAL  COMMITTEES  AND  PROCEDURE 
IN  CONNECTION  WITH  ARBITRATION  OF  CLAIMS. 


RULE   NO. 

Action,   no   cause   of 116 

Additional  investigation 123 

Agreements,  traffic  or  operating 133 

Appeal,  procedure  for 202 

under  Rule  202,  from  decision  by  arbitration 

committee  of,  no  cause  of  action 116 

time  limit 202 

Committee    105-110 

201-210 

appointment  of  members 107 

to  complete  work 110-208 

to  consider  on  same  basis  as  arbitration      201 

compensation   206 

may  interpret  rules 209 

majority  award 204 

membership 102 

personnel 106 

procedure  of 204 

statements  to 203 

substitute    members 108 

term    of   office 110-208 

vacancies    109 

Appeal  fee 202 

disposition  of _ 205 

Appointing  members  to  Arbitration  Committee 107 

Arbitration  and  Appeal  Committees 105-136 

appointing  members 

to    107 

Arbitration  Committee,  completing  work  of 110 

decisions  and  awards  to  be  full 

and   explicit   115 

decisions    binding 111 

duties    of 111 

membership  on 102 

no   equity  powers 112 

personnel 106 

procedure  of,  etc 127 

substitute    to    be    appointed    in 

case   of   interest 108 

term   of   office 110 

vacancy,   how  filled 

Arbitration  fee 125 

how  apportioned 132 

how  to  charge 116-129 

46 


INDEX— ARBITRATION  AND  APPEAL  47 

RULE  NO. 

Arbitration  fund,  how  disposed  of 126 

Arbitrators,  communications  with,  prohibited 120 

Attention,  required,  preferred 121 

Authority,  previous,  decisions  as 210 

Award,  majority,  Appeal  Committee 204 

procedure  when  Arbitration  Commit- 
tee fails  to  reach 131 

Awards,  refusal  to  abide  by 134 

rules  applied  to  be  specified  in 113 

to  be  full  and  explicit 115 

Carbon  copies  to  Secretary . 207 

Carrier,  interested,  Secretary  to  notify  of  decisions 128 

paying,  to  submit 118 

refusing  to  submit  statement,  not  released 122 

Carriers,  interested,  communications  between 120 

interested,  papers  returned  through 123 

Claim  papers,  method  of  mailing 119 

numbering  of 119 

Claims  must  be  paid  and  bear  evidence  of  payment 117 

Committee,    Appeal 105-110 

201-210 

Arbitration    ^ 111-136 

personnel  of 106 

Communications,  between  carriers  and  Appeal  Committee, 

prohibited    __._  203 

between    interested    carriers   and    arbi- 
trators, prohibited 120 

through  the  Secretary 203 

Compensation  of  Appeal  Committee 206 

Correspondence  copies  to  Secretary 207 

Decisions  of  Arbitration  Committee  pending 111 

of  committee,  failure  to  comply  with 104 

arbitration,  paying  carrier  to  charge  out  per 129 

Secretary  to  notify  of 128 

Disposition  of  appeal  fee 205 

Duties  of  Arbitration  Committee 111 

Equity  power   112-114 

Failure  to  comply,  decisions,  etc.,  penalty  for 104 

Fee,  appeal 202 

appeal,  disposition  of  205 

arbitration   125 

arbitration,  how  apportioned 132 

Forwarding  papers,  method  of 124 

Fund,  arbitration,  how  disposed  of 126 

Investigation,  additional 123 

Lost,  papers,  after  appeal  decision . 205 

papers,  after  arbitration  decision 130 

Majority  award,  failure  to  reach 131 

Membership  on  Arbitration  and  Appeal  Committees 102 

Method  of  forwarding  papers 119-124 

New  facts  developed 123 

No  cause  of  action 116 

Non-member,  right  to  appeal  after  agreeing  to  arbitrate.  _  136-A 

when  declines  to  arbitrate 136 

when  interested  _  135 


48  INDEX— ARBITRATION  AND  APPEAL 

RULE   NO. 

Numbering  of  papers 119 

Operating  or  traffic  agreements^ 133 

Papers,  methods  of  forwarding 124 

procedure  when  lost 130 

returned  through  interested  carriers 123 

Paying  carrier  to  charge  out,  per  arbitration  decisions 129 

to  submit 118 

Payment,  claims  must  bear  evidence  of 117 

Penalty  for  refusing  to  comply,  decisions,  etc 104 

Personnel  of  committees 106 

Preferred  attention  required 1  121 

Previous  decisions  as  authority 210 

Procedure  of  Arbitration  Committee 127 

of  committee 204 

for  appeal 202 

when  Arbitration  Committee  fails  to  reach 

majority  award 131 

when  papers  lost,  after  arbitration  decision 130 

Rebuttal  statements 123 

Refusal  to  abide  by  awards •_„_ 134 

Refusing  to  submit  statement 122 

Rules,  Appeal  Committee  may  interpret . 209 

applied,  to  be  specified  in  awards 113 

decisions,  etc.,  refusing  to  comply  with,  penalty  for  104 

Secretary  to  notify  carrier  of  decisions 128 

Statements,  refusing  to  submit 122 

Statements  to  Appeal  Committee 203 

to  be  submitted 119 

Substitute,  in  case  of  interest 108 

Term  of  office  and  completing  work  of  Arbitration  and 

Appeal   Committees   110-208 

Time  allowed  each  carrier  to  prepare  brief 121 

Traffic  or  operating  agreements 133 

Vacancy,  how  filled,  etc 109 

When  non-member  declines  to  arbitrate 136 

interested 135 

When  traffic  or  operating  agreements  involved 133 

Withdrawal  of  appeal 202 


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obtained  from 

Railway  Accounting  Officers  Association 

1116  Woodward  Building 

Washington,  D.  C. 


420643 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


